GIFT   OF 


COMPILATION  OF  LAWS 

(REVISED  STATUTES  AND  STATUTES  AT  LARGE) 


RELATING  TO  THE 


QUARTERMASTER  CORPS 


etc. 


COMPILED  UNDER  THE  DIRECTION  OF  THE 
QUARTERMASTER  GENERAL  OF  THE  ARMY 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 
1918 


TABLES  OF  STATUTES  AT  LARGE  AND  OF  THE  REVISED 
STATUTES  CITED  HEREIN  WITH  THE  PARAGRAPHS  NOTED 
IN  WHICH  THE  CITATIONS  OCCUR. 


Year. 

Month. 

Statute. 

'  Page. 

Section. 

Amending. 

Paragraph  this  compilation. 

1873 

Mar.  3 

17 

535 

461. 

1874 

Apr  20 

18 

33 

1037. 

1874 

June  20 

18 

110 

11. 

1874 

June  23 

18 

275 

15. 

1875 

Mar.  3 

18 

410 

1099,  1196. 

1875 

do 

18 

455 

2 

1225. 

1875 

do 

18 

467 

348. 

1875 

do 

18 

479 

1115. 

1875 

do 

18 

481 

99,100,101,102,103. 

1876 

July  24 

19 

99 

231. 

1876 

July  29 

19 

102 

492. 

1876 

Aug.  7 

19 

126 

478. 

1876 

Aug.  12 

19 

131 

634. 

1876 

Aug  15 

19 

169 

5 

896. 

1876 

.  do  

19 

203 

1276. 

1877 

Feb  27 

19 

242 

1217. 

1877 
1877 

...do.... 
do 

19 
19 

243 
243 



Sec.  1191,  R.S  
Sec.  1270,  R.  S  ... 

24. 
440,484,525. 

1877 

do 

19 

249 

Sec  3741  R  S 

187. 

1877 

do 

19 

249 

167,  219,  1047.  1086,1125,1132, 

1877 

Mar.  3 

19 

335 

5 

1148,1149. 
220. 

1877 

..  do.... 

19 

370 

1255. 

1878 

Apr.  10 

20 

36 

212,  213. 

1878 

June  14 

20 

130 

4 

11,74. 

1878 

June  18 

20 

150 

7 

501. 

1878 

.  do... 

20 

150 

8 

441,485. 

1878 

do 

20 

151 

9 

524. 

1878 

June  20 

20 

216 

2. 

1878 

.  do...  . 

20 

219 

593. 

1879 

Feb.  3 

20 

281 

237,238. 

1879 

June  23 

21 

31 

443! 

1879 

do 

21 

34 

341,342,344. 

1880 

May  4 

21 

113 

1881 

Jan.  21 

21 

317 

3. 

1881 

Feb.  24 

21 

346 

502. 

1882 

June  30 

22 

118 

448,498,618. 

1882 

.  do  

22 

119 

1882 

Aug.  5 

22 

238 

1 

1261. 

1882 

.  .do  

22 

241 

1 

1254. 

1882 

.  do...  . 

22 

255 

4 

16,  886,  938. 

1883 

Jan.  16 

22 

400 

8 

897. 

1883 

.  do.... 

22 

400 

9 

898. 

1883. 

...do  

22 

400 

10 

899. 

1883 

Mar.  3 

22 

456 

505. 

1883 

do  

22 

487 

212.  213. 

1883 

.  do  

22 

552 

1 

1255a. 

1884 

May  13 

23 

22 

2 

919. 

1884 

July  5 

23 

103 

1 

1015. 

1884 

.  do  

23 

104 

6 

1013. 

1884 

do 

23 

108 

1197 

1884 

.  do... 

23 

109 

168,169,200,201,203. 

1884 

do.  ... 

23 

111 

1277 

1884 

.  do... 

23 

113 

1051. 

1884 

do  

23 

147 

4 

1281 

1884 

.  do  

23 

158 

3 

222,  223. 

1884 

July  7 

23 

254 

2 

107  1119. 

1885 

Jan.  6 

23 

516 

901. 

1885 

Mar.  3 

23 

350 

75-82,  inclusive. 

1885 

...do  

23 

359 

585. 

1886 

Dec.  20 

24 

351 

327. 

1887 

Feb.  23 

24 

644 

902    / 

1887 

Mar.  3 

24 

535 

253. 

1888 

Aug.  1 

25 

357 

1 

1006 

1888 

...do  

25 

357 

2 

1007. 

1888 

Aug.  8 

25 

387 

1 

33. 

1888 

...do  

25 

387 

2 

34. 

1889 

Feb.  16 

25 

672 

1309. 

1889 

Mar.  1 

25 

776 

31 

672. 

1889 

.do.  . 

25 

779 

49 

914 

1889 

...do... 

25 

780 

673. 

49392—18 


38603 


II 


STATUTES  AT  LAKGE  AND  REVISED  STATUTES  CITED. 


Tables  of  Statutes  at  Large  and  of  the  Revised  Statutes  cited  herein  with  the  paragraphs 
noted  in  which  the  citations  occur — Continued. 


Year. 

Month. 

Statute. 

Page. 

Section. 

Amending. 

'aragraph  this  compilation. 

1889 

Mar     1 

25 

831 

616. 

1890 

June  13 

26 

152 

1229. 

1890 

do 

26 

154 

398 

1890 

June  16 

26 

158 

3 

1159. 

1890 

July   11 

26 

268 

2 

1250. 

1890 

Aug    18 

26 

316 

1 

1008 

1890 

\ug    29 

26 

371 

876.  877. 

1890 

Aue    30 

26 

374 

1129. 

1890 

.do  

26 

401 

275. 

1890 

do     .  . 

26 

413 

4 

1048. 

1890 

Sept  19 

26 

456 

15 

518. 

1890 

Oct.     1 

26 

562 

480. 

1890 

do 

26 

646 

1136. 

1891 

Jan     19 

26 

721 

174. 

1891 

Feb.    6 

26 

733 

1263. 

1891 

Feb     9 

26 

737 

2 

587. 

1891 

Feb.  24 

26 

773 

308. 

1891 

Mar.  13 

26 

1101 

18 

1025. 

1892 

Mar    29 

27 

12 

230. 

1892 

May   10 

27 

28 

4 

1282. 

1892 

July  16 

27 

177 

532. 

1892 

do 

27 

178 

18  404.  610. 

1892 

do.   .. 

27 

199 

1 

1256. 

1892 

July  27 

27 

278 

578. 

1892 

July  28 

27 

321 

1017. 

1892 

Aug.    1 

27 

340 

1 

905. 

1893 

Feb    27 

27 

479 

577. 

1893 

.do  

27 

480 

444,  446,  506. 

1893 

do    .  . 

27 

484 

1218,  1221. 

1893 

Mar     3 

27 

593 

1 

1016. 

1893 

do.   .. 

27 

715 

5 

907,  909,  912,  917. 

1894 

June  28 

28 

96 

903. 

1894 

July  31 

28 

205 

3 

1166. 

1894 

do.   .  . 

28 

206 

4 

1036,  1169. 

1894 

do 

28 

206 

5 

1043. 

1894 

.do  

28 

206 

6 

1064. 

1894 

do    .  . 

28 

206 

7 

1040. 

1894 

do 

28 

207 

7 

1171. 

1894 

do.  .. 

28 

207,  208 

8 

72,  86,  1033,  1063,  1065,  1162, 

1894 

do 

28 

208 

9 

1170. 
1167. 

1894 

do     .  . 

28 

208 

10 

1168. 

1894 

do 

28 

209 

11 

1074.  1164. 

1894 

do 

28 

209 

12 

1044   1046,  1073. 

1894 

do 

28 

209 

1047. 

1894 

do 

28 

210 

14 

71,  1042. 

1894 

do 

28 

210 

16 

1079. 

1894 

do 

28 

210 

18 

219. 

1894 

do 

28 

211 

22 

1039. 

1894 

do 

28 

211 

23 

85. 

1894 

Aue     6 

28 

236 

1102. 

1894 

do 

28 

237 

~ 

507,  508. 

1894 

Aug    13 

28 

278 

49-56,  inclusive. 

1894 

do 

28 

279 

1 

35.  36. 

1894 

do 

28 

279 

2 

37,  38,  39. 

1894 

do 

28 

279 

5 

40. 

1894 

do 

28 

279 

6 

41. 

1894 

do 

28 

279 

7 

42. 

1894 

do 

28 

279 

8 

43. 

1895 

Jan    12 

28 

623 

92 

1208. 

1895 

do 

28 

623 

95 

1210. 

1895 

do 

28 

624 

96 

221. 

1895 

do 

28 

624 

98 

1211. 

1895 

Feb    12 

28 

658 

175. 

1895 

Mar     2 

28 

807 

5 

28,29. 

1895 

do 

28 

807 

31,32,1073. 

1  S'l.'i 

do 

28 

808 

5 

193. 

1895 

do 

28 

808 

7 

1249. 

I  JSQK 

do 

28 

813 

12 

196. 

I  QQC 

An 

28 

813 

13 

197 

1895 

do 

28 

950 

276. 

1896 

Feb    18 

29 

g 

356. 

1896 

May  28 

29 

148 

5. 

1896 

do 

29 

179 

c 

1087. 

1896 

do 

29 

179 

885. 

1896 

29 

268 

1151. 

18Q7 

Mar     3 

29 

625 

246,247. 

1  vis 

Mar     1  T 

30 

316 

3 

191. 

1898 

do 

30 

316 

5 

1038. 

ifiaa 

do 

30 

316 

3 

193. 

1898 

do 

30 

316 

907,908,909,912,917. 

1898 

Anr.   26 

30 

365 

413. 

STATUTES  AT  LARGE  AND  REVISED  STATUTES  CITED. 


Ill 


Tables  of  Statutes  at  Large  and  of  the  Revised  Statutes  cited  herein  with  the  paragraphs 
noted  in  which  the  citations  occur — Continued. 


Year. 

Month. 

Statute. 

Page. 

Section. 

Amending. 

Paragraph  this  compilation. 

1898 

May  11 

30 

404 

2 

1026. 

1898 

July     1 

30 

634 

277. 

1898 

July     7 

30 

653 

910. 

1898 

30 

655 

190. 

1898 

do 

30 

720 

463. 

1898 

July     8 

30 

730 

87,  88. 

1899 

Jan     12 

30 

784 

2 

482. 

1899 

Feb    24 

30 

890 

4 

911,948. 

1  QQQ 

Feb    25 

30 

890 

226. 

1899 

Mar      3 

30 

977 

519. 

1899 

do 

30 

1225 

1899 

do 

30 

1356 

1 

89,  90,  91. 

1899 

do 

30 

1356 

2 

92. 

1899 

do 

30 

1356 

3 

93. 

1899 

do 

30 

1356 

4 

94. 

1  oqn 

do 

30 

1356 

5 

95. 

1899 

do 

30 

1356 

6 

96. 

1000 

31 

624 

1224. 

1900 

do 

31 

630 

270. 

1900 

do 

31 

637 

84. 

1900 

do 

31 

658 

1092. 

1900 

do 

31 

671 

558. 

1901 

Feb      2 

31 

748 

1 

519. 

1901 

do 

31 

750 

12 

439. 

1901 

do 

31 

751 

15 

462. 

1901 

do 

31 

752 

18 

301. 

1901 

do 

31 

753 

19 

366.  368,  753,  754. 

1901 

do 

31 

753 

19 

Sec  1295,  R.  S             .  .  .. 

379. 

1901 

do 

31 

755 

26 

464,548,1243,1244,1245  1246 

1901 

do 

31 

756 

31 

1901 

do 

31 

757 

36 

380^384,  inclusive.   ~~*- 

1901 

do 

31 

758 

40 

395. 

1901 

Feb    15 

31 

790 

1027. 

1901 

Mar      2 

31 

901 

445. 

1901 

do 

31 

902 

493,533. 

1901 

do 

31 

903 

536,584. 

1901 

do 

31 

905 

171. 

1901 

do 

31 

907 

203. 

1901 

do 

31 

910 

1045. 

1901 

do 

31 

920 

338. 

1901 

Mar     3 

31 

1009 

5 

1118. 

1901 

do 

31 

1404 

1389 

904. 

1902 

June  28 

32 

409 

324. 

1902 

do 

32 

464 

1012. 

1902 

do 

32 

481 

996. 

1902 

June  30 

32 

481 

996. 

1902 

do 

32 

508 

494. 

1902 

do 

32 

509 

465. 

1902 

do 

32 

511 

520,  567. 

1902 

do 

32 

512 

310. 

1902 

do 

32 

543 

904. 

1902 

July     1 

32 

629 

98. 

1902 

do 

32 

711 

85 

1093. 

1903 

Jan    30 

32 

783 

466. 

1903 

Feb      7 

32 

804 

272. 

1903 

Mar     2 

32 

932 

467,  557,  568. 

1903 

do 

32 

934 

638. 

1903 

do 

32 

939 

1291. 

1903 

do 

32 

942 

468. 

1903 

Mar     3 

23 

1012 

345. 

1904 

Feb    18 

33 

41 

148. 

1904 

Mar    18 

33 

142 

3 

1215. 

1904 

Apr    21 

33 

225 

564,  597. 

1904 

do 

33 

226 

436,  437. 

1904 

Apr    23 

33 

264 

549,  560. 

1904 

do 

33 

266 

302. 

1904 

do 

33 

267 

509. 

1904 

do 

33 

269 

263. 

1904 

Apr    27 

33 

422 

1128. 

1904 

Apr.  28 

33 

496 

239,  261. 

1904 

do 

33 

518 

1287. 

1905 

Feb      3 

33 

687 

4 

1216. 

1905 

Feb    20 

33 

725 

227. 

1905 

Feb.  24 

33 

811 

49-56,  inclusive. 

1905 

Mar     2 

33 

831 

553. 

1905 

...do... 

33 

832 

1030. 

1905 

do 

33 

837 

1289. 

1905 

do 

33 

839 

1 

918. 

1905 

do 

33 

840 

1 

1143. 

1905 

Mar     3 

33 

850 

346,  350. 

1905 

...do... 

33 

853 

352'. 

IV 


STATUTES  AT  LARGE  AND  REVISED  STATUTES  CITED. 


Tables  of  Statutes  at  Large  and  of  the  Revised  Statutes  cited  herein  with  the  paragraphs 
noted  in  which  the  citations  occur — Continued. 


Year. 

Month. 

Statute. 

Page. 

Section. 

Amending. 

Paragraph  this  compilation. 

1905 

Mar     3 

33 

1196 

243 

1905 

do 

33 

1213 

1 

994 

1905 

do 

33 

1249 

1 

995 

1905 

do 

33 

1257 

4 

Sec  3679  R  S 

6  22  900 

1906 

Feb.  27 

34 

48 

....do 

900. 

1906 

do 

34 

49 

do 

6  22 

1906 

.    do 

34 

49 

3 

1083 

1906 

Mar      9 

34 

56 

240 

1906 

Mar    30 

34 

825 

j 

1000  1001 

1906 

do 

34 

826 

998 

1906 

June    8 

34 

225 

1 

1021 

1906 

do 

34 

225 

2 

1022 

1006 

do 

34 

225 

3 

1023 

1906 

do 

34 

225 

4 

1024 

1906 

June  12 

34 

242 

582. 

1906 

do 

34 

245 

554 

1906 

do.    .. 

34 

246 

303,  504,  510,  511  621 

1906 

do 

34 

248 

639 

1996 

.    do.    . 

34 

250 

488. 

1906 

do 

34 

255 

186 

1906 

..  do... 

34 

258 

172,  1153. 

1906 

June  22 

34 

448 

4 

887.  1120  1122 

1906 

do 

34 

449 

5 

952. 

1906 

June  25 

34 

456 

469. 

1906 

June  29 

34 

607 

1 

1278 

iQOfi 

do 

34 

607 

2 

1279 

1006 

do 

34 

607 

3 

1280 

1906 

do 

34 

621 

229 

1906 

Juno  30 

34 

750 

305  306 

1906 

do 

34 

762 

997. 

1906 

do 

34 

763 

5 

1157 

1006 

do 

34 

763 

6 

928  929 

1006 

do 

34 

764 

9 

176 

1907 

Jan     25 

34 

864 

438. 

1007 

Mar      2 

34 

1159 

417 

1907 

do 

34 

1160 

422,  423,  424. 

1007 

do 

34 

1162 

470 

1907 

do 

34 

1163 

550. 

1907 

do 

34 

1165 

401 

1907 

do 

34 

1166 

1100. 

1907 

do 

34 

1167 

527,  598,  1154 

1907 

do 

34 

1170 

1130,  1283. 

1907 

do 

34 

1171 

495. 

1907 

do 

34 

1175 

244. 

1907 

do 

34 

1217 

657. 

1907 

Mar     4 

34 

1346 

248 

1908 

Apr    23 

35 

67 

481. 

1908 

Apr    29 

35 

70 

1288 

1908 

May   11 

35 

108 

323,  411.  414,r450.  500. 

1908 

do 

35 

109 

571,  589,  635,  636 

1908 

do 

35 

110 

311.  606, 

1908 

do 

35 

114 

304,  312,  535. 

1908 

do 

35 

117 

712. 

1908 

May   16 

35 

163 

385. 

1  'IIIS 

May   22 

35 

244 

4 

1252 

1908 

May   23 

35 

1325 

281,  282. 

1  'IIK 

May  27 

35 

401 

11 

704 

1908 

do 

35 

415 

1077. 

1908 

May   28 

35 

430 

325. 

1908 

do 

35 

431 

336. 

1000 

Feb    18 

35 

634 

53 

669,  670 

100Q 

do 

35 

635 

64 

671 

1909 

Feb    23 

35 

644 

Sec  3647  R  S  

1077 

1909 

Feb    25 

35 

647 

1029. 

1909 

Mar      3 

35 

735 

4.50. 

1909 

do 

35 

738 

565. 

1909 

do 

35 

742 

489. 

1909 

do 

35 

747 

1097. 

1909 

do 

35 

818 

1281. 

1909 

Mar      4 

35 

907 

4 

1131. 

1909 

do 

35 

1003 

1223. 

1909 

do 

35 

1027 

9 

890. 

1909 

do 

35 

1027 

28 

154 

1000 

do 

35 

1094 

29 

155  1214 

1909 

do 

35 

1094 

30 

156. 

1909 

do 

35 

1094 

31 

157 

1000 

do 

35 

1094 

32 

158 

1909 

do 

35 

1095 

33 

159. 

1909 

do 

35 

1095 

34 

160 

1909 

do 

35 

1095 

35 

161   1191 

1909 

...do... 

35 

1096 

36 

1192. 

STATUTES  AT  LARGE   AND  REVISED   STATUTES   CITED.  V 

Tables  of  Statutes  at  Large  and  of  the  Revised  Statutes  cited  herein  with  the  paragraphs 
noted  in  which  the  citations  occur — Continued. 


Year. 

Month. 

Statute. 

Page. 

Section. 

Amending. 

Paragraph  this  compilation. 

1909 

Mar  4 

35 

1096 

37 

162 

1909 

do  

35 

1097 

38 

1193 

1909 

do 

35 

1097 

39 

163 

1909 

do 

35 

1097 

41 

164 

1909 

do 

35 

1097 

46 

1191a 

1909 

do 

35 

1097 

47 

1114 

1909 

do 

35 

1098 

48 

1116 

1909 

do 

35 

1104 

85 

1146 

1909 

do 

35 

1105 

86 

1144 

1909 

do 

35 

1105 

87 

1104 

1909 

..  do  . 

35 

1105 

89 

1105 

1909 

do 

35 

1105 

90 

1106 

1909 

.do  

35 

1105 

91 

1107. 

190Q 

do 

35 

1105 

92 

1108 

1909 

.do  

35 

1105 

93 

1109. 

1909 

do 

35 

1106 

94 

1110. 

1909 

..do.... 

35 

1106 

95 

1111. 

1909 

do  .. 

35 

1106 

98 

1147,  1227. 

1909 

..do.... 

35 

1107 

106 

1145. 

1909 

do.  ... 

35 

1107 

109 

1112. 

1909 

...do.... 

35 

1109 

113 

165. 

1909 

.do  

35 

1109 

117 

166  1113. 

1909 

do 

35 

1110 

118 

880 

1909 

.do.... 

35 

1110 

119 

881. 

1909 

do 

35 

1110 

120 

882 

1909 

..do.... 

35 

1110 

121 

883. 

1909 

.do 

35 

1110 

122 

894 

1909 

..do.... 

35 

1111 

128 

1212 

1909 

do  

35 

1112 

12Q 

1213 

1909 

...do  

35 

1144 

286 

1194 

1909 

Aug.  5 

36 

125 

47,  48. 

1910 

Mar.  23 

36 

241 

3 

44 

1910 

.do  

36 

241 

4 

45  46 

1910 

...do  

36 

244 

496 

1910 

.do.... 

36 

248 

471 

1910 

...do  

36 

249 

369  370. 

1910 

..do.... 

36 

252 

490 

1910 

do 

36 

254 

206 

1910 

...do.... 

36 

255 

1272  1274. 

1910 

...do  

36 

257 

1096  1152. 

1910 

Apr.  19 

36 

312 

343 

1910 

...do  

36 

324 

477 

1910 

June  17 

36 

531 

4 

192 

1910 

June  25 

36 

721 

1 

1219 

1910 

...do  

36 

723 

264 

1910 

...do.... 

36 

724 

249 

1910 

...do  

36 

773 

1133 

1911 

Feb.  15 

36 

1919 

283 

1911 

Mar.  2 

36 

1004 

668 

1911 

Mar.  3 

36 

1017 

357 

1911 

..do  

36 

1019 

330  332  333. 

1911 

...do  

36 

1044 

289* 

1911 

..do.... 

36 

1045 

457 

1911 

...do  

36 

1047 

1206 

1911 

...do.... 

36 

1048 

1161 

1911 

...do  

36 

1049 

650. 

1911 

...do  

36 

1051 

1273  1284,  1285. 

1911 

...do  

36 

1077 

1 

266. 

1911 

...do  

36 

1077 

2 

267 

1911 

..do.... 

36 

1093 

24 

109-113  inclusive 

1911 

...do  

36 

1133 

128 

114 

1911 

...do.... 

36 

1136 

145 

116-121  inclusive 

1911 

...do  

36 

1137 

146 

122 

1911 

...do.... 

36 

1137 

147 

123  1142. 

1911 

...do  

36 

1137 

148 

124  125. 

1911 

...do  

36 

1138 

149 

126 

1911 

...do  

36 

1138 

150 

127. 

1911 

...do  

36 

1138 

151 

128  129. 

1911 

...do.... 

36 

1138 

152 

130. 

1911 

...do  

36 

1138 

153 

131 

1911 

...do  

36 

1138 

154 

132. 

1911 

...do  

36 

1139 

155 

133. 

1911 

...do  

36 

1139 

156 

134  135. 

1911 

...do.... 

36 

1139 

159 

136 

1911 

...do  

36 

1139 

160 

137 

1911 

...do  

36 

1139 

161 

138. 

1911 

...do  

36 

1139 

162 

13° 

1911 

...do  

36 

1139 

164 

140 

1911 

...do.... 

36 

1140 

172 

141 

1911 

...do  

36 

1140 

173 

142 

1911 

...do  

36 

1140 

174 

143. 

VI 


STATUTES  AT  LARGE  AND  REVISED  STATUTES  CITED. 


Tables  of  Statutes  at  Large  and  of  the  Revised  Statutes  cited  herein  with  the  paragraphs 
noted  in  which  the  citations  occur — Continued. 


Year. 

Month. 

Statute. 

Page. 

Section. 

Amending. 

Paragraph  this  compilation 

1911 

Mar  3 

36 

1140 

175 

144 

1911 

..do  

36 

1140 

177 

145. 

1911 

.do  .... 

36 

1140 

178 

146. 

1911 

do 

36 

1140 

179 

147 

1911 

..do.... 

36 

1141 

180 

149. 

1911 

.do 

36 

1142 

181 

150 

1911 

do 

36 

1142 

182 

151 

1911 

.do.  .  . 

36 

1142 

184 

152. 

1911 

do 

36 

1142 

185 

153 

1911 

Mar.  4 

36 

1253 

1028. 

1911 

do 

36 

1389 

250 

1911 

..do.... 

36 

1399 

254. 

1911 

.do  .  . 

36 

1404 

1 

1253. 

1912 

do 

37 

72 

377 

1912 

June  19 

37 

137 

1 

1234. 

1912 

do  . 

37 

137 

2 

1235 

1912 

July  30 

37 

240 

260. 

1912 

Aug.  9 

37 

252 

328  358. 

1912 

..do.... 

37 

254 

334'. 

1912 

.do  .. 

37 

263 

363. 

1912 

do 

37 

264 

360 

1912 

Aug.  23 

37 

375 

1041. 

1912 

do 

37 

413 

4 

891  949. 

1912 

.do.... 

37 

414 

5 

939. 

1912 

do 

37 

414 

6 

1084. 

1912 

..do.... 

37 

414 

7 

1259. 

1912 

.do 

37 

414 

8 

1209. 

1912 

do 

37 

415 

9 

1121 

1912 

Aug.  24 

37 

440 

235.  271. 

1912 

do 

37 

441 

245  273. 

1912 

.do.... 

37 

487 

7 

1912 

do 

37 

487 

g 

878. 

1912 

.do.... 

37 

555 

6 

950,  951. 

1912 

do 

37 

571,045 

455. 

1912 

do 

37 

575 

596 

1912 

do  . 

37 

575 

1 

288,  309. 

1912 

do 

37 

576 

313. 

1912 

.do  

37 

579 

1158. 

1912 

do 

37 

586 

1 

108. 

1912 

do 

37 

589 

1203 

1912 

do 

37 

590 

2 

640,  644,  646,  648. 

1912 

do 

37 

591 

2 

631,  642,  1236. 

1912 

do 

37 

592 

3 

572'. 

1912 

do 

37 

593 

1238. 

1912 

.do  ... 

37 

594 

6 

503. 

1912 

Aug  26 

37 

626 

7 

942. 

1913 

Feb   7 

37 

663 

1 

268. 

1913 

do 

37 

663 

2 

269. 

1913 

Mar   2 

37 

706 

475,  476. 

1913 

do 

37 

708 

1239. 

1913 

do 

37 

710 

418. 

1913 

do 

37 

717 

1220. 

1913 

do 

37 

719 

.534. 

1913 

do 

37 

1025 

1186. 

1913 

Mar   4 

37 

790 

4 

942. 

1913 

do 

37 

857 

359. 

1913 

May  1 

38 

3 

3 

1257. 

1913 

June  23 

38 

31 

257. 

1913 

do... 

38 

75 

3 

1140. 

1914 

Mar  14 

38 

768 

241. 

1914 

Apr  6 

38 

318 

1 

954. 

1914 

do 

38 

335 

20. 

1914 

Apr  25 

38 

350 

11 

408. 

1914 

do 

38 

350 

13 

409. 

1914 

Apr  27 

38 

353 

428. 

1914 

do 

38 

356 

1237. 

1914 

do 

38 

357 

456. 

1914 

do 

38 

361 

1150,1196. 

1914 

do 

38 

363 

19. 

1914 

do 

38 

365 

1275. 

1914 

do 

38 

369 

1067. 

1914 

May  8 

38 

771 

2 

1187. 

1914 

July  6 

38 

454 

67. 

1914 

July  16 

38 

509 

5 

23. 

1914 

do 

38 

509 

6 

946. 

1914 

July  17 

38 

512 

1155,1204. 

1914 

July  18 

38 

516 

296,452. 

1914 

Aug  1 

38 

631 

265,274. 

1914 

do 

38 

680 

10 

1138. 

1914 

do 

38 

680 

12 

943. 

1914 

...do.... 

38 

680 

13 

955. 

STATUTES  AT  LARGE  AND  REVISED  STATUTES  CITED. 


VU 


Tables  of  Statutes  at  Large  and  of  the  Revised  Statutes  cited  herein  mth  the  paragraphs 
noted  in  which  the  citations  occur — Continued. 


Year. 

Month. 

Statute. 

Page. 

Section. 

Amending. 

Paragraph  this  compilation. 

1914 

Aug.    4 

38 

682 

1091. 

1915 

Jan    28 

38 

804 

2 

115 

1915 

Mar.     3 

38 

886 

5 

21. 

1915 

do  ... 

38 

889 

447. 

1915 

Mar     4 

38 

996 

5 

119. 

1915 

.do  

38 

1049 

5 

1072. 

1915 

do 

38 

1049 

6 

947. 

1915 

do 

38 

1065 

629. 

1915 

.do  

38 

1066 

1240,  1247. 

1915 

do    ... 

38 

1067 

319,320,933. 

1915 

do 

38 

1069 

286  373  442,526,617. 

1915 

.do... 

38 

1071 

207,208. 

1915 

do     . 

38 

1077 

83. 

1915 

...do.... 

38 

1078 

8,9,472. 

1915 

.do  

38 

1078 

1 

173. 

1915 

do 

38 

1079 

1 

1200. 

1915 

...do.... 

38 

1080 

407,  1068. 

1915 

do  .... 

38 

1084 

1205. 

1915 

.do 

38 

10S4 

2 

814-822  inclusive 

1915 

.do.... 

38 

1084 

3 

823. 

1915 

do  

38 

1085 

4 

599. 

1915 

do 

38 

1137 

1297 

1915 

...do  

38 

1161 

4 

12. 

1915 

do.    .. 

38 

1161 

5 

180. 

1Q15 

do 

38 

1191 

547 

1916 

Feb.  28 

39 

15 

892. 

1916 

Mar.  21 

39 

37 

1076. 

1916 

Apr.   17 

39 

52 

242. 

1916 

May   10 

39 

76 

889. 

1916 

.do 

39 

120 

5 

888 

1916 

...do  

39 

120 

6 

941. 

1916 

Mav   18 

39 

123 

757. 

1916 

June    3 

39 

168 

5 

314,315,316. 

1916 

...do.... 

39 

170 

9 

523,  1241,  1232. 

1916 

.do  

39 

173 

10 

588  1018 

1916 

.do   . 

39 

175 

13 

290 

1916 

...do.... 

39 

176 

15 

434 

1916 

...do  

39 

176 

16 

538-545,  inclusive. 

1916 

...do.... 

39 

181 

21 

390-393  inclusive. 

1916 

...do.... 

39 

181 

22 

394 

1916 

...do  

39 

183 

24 

556,  559. 

1916 

...do  

39 

183 

25 

458,459. 

1916 

...do  

39 

185 

26 

386-389,  inclusive. 

1916 

...do  

39 

186 

27 

637,  641    645,  647,  649,  824. 

1916 

...do  .. 

39 

186 

28 

825,1103. 
573 

1916 

...do  

39 

187 

29 

625,626,630. 

1916 

...do.... 

39 

187 

30 

1916 

...do.... 

39 

187 

31 

787  788  789 

1916 

...do.... 

39 

187 

32 

790  791*792  793  794. 

1916 

...do  

39 

188 

33 

795. 

1916 

...do.... 

39 

188 

34 

607. 

1916 

...do  

39 

188 

35 

632 

1916 

...do  

39 

189,  190 

37 

725-729  inclusive*  731  733- 

1916 

...do... 

39 

190 

38 

737,  inclusive. 
728-741  inclusive 

1916 

...do  

39 

191 

39 

742-746  inclusive 

1916 

...do  

39 

191 

40 

748. 

1916 

...do  

39 

191 

41 

749  750 

1916 

...do  

39 

191 

42 

751,752. 

1916 

...do  

39 

192 

43 

753 

1916 

...do  

39 

192 

44 

754 

1916 

...do  

39 

192 

45 

566,755. 

1916 

...do  

39 

192 

46 

756 

1916 

...do  

39 

192 

47 

758. 

1916 

...do  

39 

193 

48 

762,763 

1916 

...do.... 

39 

193 

50 

764 

1916 

...do.... 

39 

193 

51 

766 

1916 

...do  

39 

193 

52 

767 

1916 

..udo.... 

39 

193 

53 

768  769  770 

1916 

...do  

39 

194 

54 

771—773,  inclusive 

1916 

...do  

39 

195-196 

55 

796-813  inclusive 

1916 

...do  

39 

197 

56 

759 

1916 

...do.... 

39 

197 

58 

660 

1916 

...do  

39 

199,200 

67 

661    662    663   709    710    711 

1916 

...do.... 

39 

200 

69 

713,714,715,716! 

698  699 

1916 

...do  

39 

201 

72 

665' 

1916 

...do  

39 

201 

77 

666  667 

1916  ! 

...do.... 

39 

202 

78 

721  722 

1916 

...do  

39 

202 

79 

723 

1916 

...do.... 

39 

203 

80 

915. 

VIII 


STATUTES  AT   LARGE   AND  REVISED   STATUTES   CITED. 


Tables  of  Statutes  at  Large  and  of  the  Revised  Statutes  cited^  herein  with  the  paragraphs 
noted  in  which  the  citations  occur — Continued. 


Year. 

Month. 

Statute. 

Page. 

Section. 

Amending. 

Paragraph  this  compilation. 

1916 

June    3 

39 

203 

81 

705 

1916 

...do  

39 

203 

82 

680. 

1916 

.do.... 

39 

203 

83 

681,682.717. 

1916 

do     . 

39 

204 

84 

683 

1916 

..do  

39 

204 

85 

684. 

1916 

.do  

39 

204 

86 

718,719 

1916 

do 

39 

204 

87 

685-689  inclusive 

1916 

..do.... 

39 

205 

88 

720. 

1916 

.do.  . 

39 

205 

89 

691,693 

1916 

...do.... 

39 

205 

90 

694. 

1916 

.do.... 

39 

206 

93 

695. 

1916 

do 

39 

206 

94 

674,675,676. 

1916 

..do.... 

39 

206 

97 

677. 

1916 

.do  

39 

206 

98 

678. 

1916 

do 

39 

207 

99 

696,  697. 

1916 

.do.... 

39 

208 

100 

473. 

1916 

...do  

39 

209 

109 

701-703,  inclusive. 

1916 

...do... 

39 

209-210 

110 

664,  700,  706.  707. 

1916 

.do  

39 

211 

113 

777  778  780. 

1916 

...do... 

39 

213 

120 

189. 

1916 

...do  

39 

216 

125 

1303  1305-1308,  inclusive. 

1916 

...do  

39 

217 

126 

624,655,656. 

1916 

July     1 

39 

286 

255. 

1916 

do 

39 

287 

278. 

1916 

...do... 

39 

336 

3 

1003. 

1916 

do.    .. 

39 

336 

4 

1139. 

1916 

...do... 

39 

336 

5 

1082. 

1916 

...do  

39 

336 

1081. 

1916 

July     6 

39 

349 

474. 

1916 

Aug.  11 

39 

493 

361. 

1916 

do 

39 

296 

339. 

1916 

...do  

39 

497 

329. 

1916 

do 

39 

504 

322. 

1916 

Aug.  29 

39 

547 

9 

1019. 

1916 

do  

39 

555 

28 

1020. 

1916 

do 

39 

582 

941. 

1916 

.do  

39 

602 

1298-1301,  inclusive. 

1916 

do 

39 

604 

1268. 

1916 

...do... 

39 

617 

913. 

1916 

do  ... 

39 

622 

1066. 

1916 

do 

39 

624 

583,708  894. 

1916 

do  

39 

625 

287. 

1916 

do 

39 

625 

1 

284.  285. 

1916 

do 

39 

626 

25  367  521. 

1916 

do 

39 

627 

555. 

1916 

do 

39 

629 

551. 

1916 

do     .. 

39 

630 

1199. 

1916 

do 

39 

633 

1271. 

1916 

do 

39 

634 

1290. 

1916 

do 

39 

635 

178.  1156. 

1916 

do 

39 

639 

97. 

1916 

do 

39 

644 

522. 

1916 

do 

39 

645 

692,  1269. 

1916 

do 

39 

646 

1 

679. 

1916 

do 

39 

648 

776.781,782,785. 

1916 

do 

39 

649 

427,  1304. 

1916 

do 

39 

660 

1188,1189,1190. 

1916 

do 

39 

667 

1160. 

1916 

Sept    7 

39 

729 

3 

1292. 

1916 

do 

39 

729 

5 

1293. 

1916 

do 

39 

729 

6 

1294. 

1916 

do 

39 

729 

g 

1295. 

1916 

do 

39 

743 

1 

••  

956. 

1916 

do 

39 

743 

2 

957. 

1916 

do 

39 

743 

3 

958. 

1916 

do 

39 

743 

4 

959. 

1916 

do 

39 

743 

5 

960. 

1916 

do 

39 

743 

5 

961. 

1916 

do 

39 

743 

7 

962. 

1916 

do 

39 

743 

g 

963. 

1916 

do 

39 

743 

9 

964. 

1916 

do 

39 

744 

10 

965. 

1916 

do 

39 

746 

11 

966. 

1916 

do 

39 

746 

12 

967. 

1916 

do 

39 

746 

13 

968. 

1916 

do 

39 

746 

14 

969. 

1916 

do 

39 

746 

15 

970. 

1916 

do 

39 

746 

16 

971. 

1916 

do 

39 

746 

17 

972. 

1916 

do 

39 

746 

18 

973. 

1916 

...do.... 

39 

746 

19 

974. 

STATUTES  AT  LARGE   AND   REVISED   STATUTES   CITED. 


IX 


Tables  of  Statutes  at  Large  and  of  the  Revised  Statutes  cited  herein  with  the  paragraphs 
noted  in  which  the  citations  occur — Continued. 


Year. 

Month. 

Statute. 

Page. 

Section. 

Amending. 

Paragraph  this  compilation. 

1916 

Sept  7 

39 

747 

20 

975 

1916 

do 

39 

747 

21 

976 

1916 

do 

39 

747 

22 

977 

1916 

do 

39 

747 

23 

978. 

1916 

do 

39 

747 

24 

979. 

1916 

do 

39 

747 

25 

980 

1916 

do 

39 

747 

26 

981. 

1916 

do 

39 

747 

27 

982 

1916 

do  ... 

39 

748 

28 

983. 

1916 

do 

39 

748 

28a 

984. 

1916 

do 

39 

748 

29 

985 

1916 

do 

39 

749 

32 

986. 

1916 

do 

39 

749 

35 

987 

1916 

do  .  . 

39 

749 

36 

988. 

1916 

do 

39 

749 

37 

989 

1916 

do  

39 

749 

38 

990. 

1916 

do 

39 

749 

39 

991. 

1916 

.  do.... 

39 

750 

40 

992. 

1916 

do  . 

39 

750 

41 

993. 

1916 

Sept  8 

39 

810 

724 

1916 

do  

39 

830 

4 

1135. 

1916 

do 

39 

853 

765. 

1917 

Feb.  8 

39 

900 

228. 

1917 

Mar.  3 

39 

1012 

1270 

1917 

.  do  

39 

1046 

6 

1134. 

1917 

do.... 

39 

1095 

926. 

1917 

...do  

39 

1121 

7 

927. 

1917 

Mar.  4 

39 

1192 

906. 

1917 

do 

39 

1197 

1025  1026 

1917 

May  12 

40 

43 

179,517. 

1917 

do 

40 

45 

590. 

1917 

..  do  

40 

48 

561,569. 

1917 

do.... 

40 

50 

1101. 

1917 

...do  

40 

52 

600. 

1917 

..  do  

40 

55 

1207. 

1917 

...do  

40 

62 

1233. 

1917 

...do  

40 

65 

209,516. 

1917 

do  . 

40 

70 

774,775. 

1917 

...do.... 

40 

71 

760. 

1917 

do  

40 

72 

747,895,916. 

1917 

...do  

40 

73 

730. 

1917 

...do  

40 

74 

643,930. 

1917 

do  

40 

75 

999. 

1917 

May  18 

40 

81 

7 

627,  628,  658. 

1917 

do  

40 

82 

10 

415  574  581. 

1917 

...do  

40 

82 

11 

479. 

1917 

..do  

40 

82 

12 

399 

1917 

May  29 

40 

90 

351. 

1917 

June  14 

40 

181 

779. 

1917 

July  24 

40 

244 

3* 

575 

1917 

...do  

40 

245 

6 

291-295,  inclusive. 

1917 

...do.... 

40 

245 

3 

416  576. 

1917 

do  

40 

246  247 

9 

297  512-515  inclusive 

1917 

Sept.  24 

40 

295 

12 

1062. 

1917 

Oct.  6 

40 

357 

307 

1917 

do  .. 

40 

358 

372 

1917 

...do  

40 

361 

537 

1917 

do.... 

40 

383 

3 

1075 

1917 

...do  

40 

383 

6 

953. 

1917 

..do  

40 

383 

7 

931 

1917 

...do  

40 

384 

8 

932. 

1917 

...do  

40 

385 

431-433  inclusive;  602-604, 

1917 

...do.... 

40 

393 

inclusive;  935-937,  inclu- 
sive. 
732  1242 

1917 

...do  

40 

397 

453,454. 

1917 

...do  

40 

398 

1 

826 

1917 

...do.... 

40 

399 

13 

827 

1917 

...do  

40 

399 

14 

828. 

1917 

...do.... 

40 

399 

15 

829 

1917 

...do.... 

40 

400 

16 

830 

1917 

...do  

40 

400 

20 

831 

1917 

...do  

40 

400 

21 

832 

1917 

...do  

40 

400 

22 

833 

1917 

...do.... 

40 

400 

24 

834  402 

1917 

...do.... 

40 

400 

25 

835 

1917 

...do  

40 

400 

26 

836. 

1917 

...do  

40 

402 

200 

837. 

1917 

...do  

40 

402 

201 

838  839. 

1917 

...do.... 

40 

403 

202 

840 

1917 

...do  

40 

403 

203 

841. 

STATUTES  AT  LABGE  AND  REVISED  STATUTES  CITED. 


Tables  of  Statutes  at  Large  and  of  the  Revised  Statutes  died  herein  with  the  paragraphs 
noted  in  which  the  citations  occur — Continued. 


Year. 

Month. 

Statute. 

Page. 

Section. 

Amending. 

Paragraph  this  compilation. 

1917 

Oct.  6 

40 

403 

204 

842  844  inclusive 

1917 

...do  

40 

404 

205 

845 

1917 

...do.... 

40 

404 

206 

846  847 

1917 

...do  

40 

404 

207 

848' 

1917 

...do.... 

40 

404 

208 

849 

1917 

...do  

40 

404 

209 

850 

1917 

...do  

40 

404 

210 

851 

1917 

...do  

40 

405 

300 

852 

1917 

..do.. 

40 

405 

301 

853 

1917 

...do.... 

40 

406 

302 

854 

1917 

...do.... 

40 

406 

303 

855 

1917 

...do.... 

40 

407 

304 

856 

1917 

...do..., 

40 

407 

305 

857 

1917 

...do.... 

40 

407 

306 

858. 

1917 

...do.... 

40 

407 

307 

859 

1917 

..  do.... 

40 

407 

308 

860 

1917 

...do  

40 

407 

309 

861 

1917 

...do  

40 

408 

310 

862 

1917 

...do  

40 

408 

311 

863. 

1917 

...do.... 

40 

408 

312 

864  865 

1917 

.  do.... 

40 

408 

313 

866 

1917 

...do.... 

40 

408 

314 

867. 

1917 

...do  

40 

409 

400 

868 

1917 

...do  

40 

409 

401 

869. 

1917 

...do  

40 

409 

402 

870 

1917 

.  do  . 

40 

410 

403 

871 

1917 

...do.,.. 

40 

410 

404 

872. 

1917 

.  do  ... 

40 

410 

405 

873 

1917 

...do  

40 

410 

3 

421. 

REVISED  STATUTES. 


Section. 

Paragraph 
this  com- 
pilation. 

Section. 

Paragraph 
this  com- 
pilation. 

161 

1251 

1133  .                             

182 

166,  as  amended  .  . 

885 

1135  

364 

167 

923 

1136.  as  amended       

1217 

168 

924 

1138               .                                 

211 

169.. 

893 

1141  

181 

170 

944 

1143  ..         .  .                  

365 

173... 

874 

1144  

1195 

174 

875 

1145  

1198 

175 

1248 

1147-                                              

400 

178 

1260 

1148  

402 

179 

1262 

1201 

1263 

1150                                                  ....... 

210 

182 

1264 

1174  .. 

396 

184.. 

57 

1189  

579 

185 

58 

24 

186 

59 

1192                                     

30 

187. 

60 

1216  

230 

188 

61 

1217              

420 

189  

62 

1220  

615 

190 

63 

1234  

397 

217 

1185 

5*6 

219 

183 

1241  

1202 

220 

1265 

1242          

1183 

228.. 

10 

1259  

552 

236 

73 

1260  

562 

237  as  amended 

1136 

1261              

430 

1064 

1262                                         

497 

278 

1031 

1263          

499 

282 

1032 

1264                                     

425 

306 

1078 

1265  

491 

1079 

1266                 

426 

308 

1080 

412 

309 

1034 

525 

1081 

1272                                  

486 

355 

1011 

1274  

546 

361 

69 

1275                

570 

364 

70 

378 

850 

410 

1279            

460 

1098 

429 

635,636 

1112... 

633 

1284,  as  amended  

635,636 

STATUTES  AT  LARGE  AND  REVISED  STATUTES  CITED. 


XI 


Tables  of  Statutes  at  Large  and  of  the  Revised  Statutes  cited  herein  with  the  paragraphs 
noted  in  which  the  citations  occur — Continued. 


Section. 

Paragraph 
this  com- 
pilation. 

Section. 

Paragraph 
this  com- 
pilation. 

1285  as  amended          ....... 

587 

3646,  as  amended  

1076 

1287  as  amended 

585 

3647,  as  amended  .  .   .  .    

1077 

1288 

580 

3648 

1070 

1291 

605 

3651. 

1141 

1294 

405 

3652. 

1035 

379 

3660 

1123 

1296* 

1302 

3661. 

1124 

1298 

609 

3662 

1127 

1299 

528 

3663,  as  amended  .  . 

1125 

1300 

652 

3664. 

1137 

1301 

653 

3665 

1126 

1302 

608 

3669.                

1117 

1303                 

529,  654 

3672,  as  amended  

1132 

1304 

530 

3673.           

1163 

621 

3678 

1094 

1306                   

622 

3679,  as  amended.. 

6,22,900 

1307 

623 

3681. 

1095 

1330                 

362 

3682.        

17 

1333 

349 

3683.                  

1085 

1334 

340 

3690 

13 

1335                      .  ... 

354 

3691.               

14 

341-344  in  c 

3692,  as  amended  . 

1149 

1337                     

347 

3709. 

170 

1340 

353 

3710. 

214 

1341             

331 

3711,  as  amended..  .  . 

193 

1355 

611 

3712. 

194 

1437 

1286 

3713 

195 

1654 

690 

3714,  as  amended  .  . 

167 

1757 

920 

3715 

185 

1758 

921 

3716. 

184 

1759 

922 

3717 

1228 

1764 

925 

3733. 

1226 

1765 

419 

3735 

177 

1766 

531 

3736. 

1004 

1784 

879 

3737  . 

188 

1791. 

224 

3741,  as  amended  

187 

1792 

225 

3743,  as  amended  .  . 

219 

1838 

1005 

3744 

215 

2110 

403 

3745. 

216 

3466 

104 

3746 

217 

3467. 

105 

3747. 

218 

3468 

106 

3748 

1184 

3477. 

68 

3752. 

1010 

3478. 

64 

3828. 

1 

3479 

65 

4870 

232 

3480. 

66 

4871. 

233 

3593. 

1165 

4872 

234 

3614. 

27 

4873. 

258 

3617. 

1089 

4874 

259 

3618  as  amended 

1148 

4875  as  amended 

260 

3619. 

1090 

4877. 

236 

3620,  as  amended  . 

1086 

4878,  as  amended  . 

246 

3621,  as  amended.. 

1087 

4879. 

279 

3622,  as  amended  .  . 

1047 

4880. 

280 

3623 

1049 

4881 

252 

3624. 

1069 

4882. 

251 

3633.  as  amended 

1036 

5153,  as  amended 

1091 

3639. 

26,1088 

5266. 

1258 

3643. 

1050 

5503. 

1222 

COMPILATION  OF  LAWS  RELATING  TO  THE 
QUARTERMASTER  CORPS. 


ADVERTISING. 

1.  In  newspapers,  written  authority  necessary. — No  advertisement,  notice,  or 
proposal  for  any  executive  department  of  the  Government,  or  for  any  bureau 
thereof,  or  for  any  office  therewith  connected,  shall  be  published  in  any  news- 
paper whatever,  except  in  pursuance  of  a  written  authority  for  such  publication 
from  the  head  of  such  department ;  and  no  bill  for  any  advertising  or  publica- 
tion shall  be  paid  unless  there  be  presented  with  such  bill  a  copy  of  such  written 
authority— Sew  8828,  R.  S. 

2.  Rates  not  to  exceed  commercial  rates  charged  to  individuals. — Hereafter 
all  advertisements,  notices,  proposals  for  contracts,  and  all  forms  of  advertising 
required  by  law  for  the  several  departments  of  the  Government  may  be  paid  for 
at  a  price  not  to  exceed  the  commercial  rates  charged  to  private  individuals, 
with  the  usual  discounts ;  such  rates  to  be  ascertained  from  sworn  statements  to 
be  furnished  by  the  proprietors  or  publishers  of  the  newspapers  proposing  so  to 
advertise :  Provided,  That     *     *     *     the  heads  of  the  several  departments  may 
secure  lower  terms  at  special  rates  whenever  the  public  interest  requires  it. — 
Act  of  June  20,  1878  (20  Stat.,  216). 

8.  Rates  in  District  of  Columbia. — That  all  advertising  required  by  existing 
laws  to  be  done  in  the  District  of  Columbia  by  any  of  the  departments  of  the 
Government,  shall  be  given  to  one  daily  and  one  weekly  newspaper  of  each  of 
the  two  principal  political  parties  and  to  one  daily  and  one  weekly  neutral  news- 
paper :  Provided,  That  the  rates  of  compensation  for  such  service  shall  in  no  case 
exceed  the  regular  commercial  rate  of  the  newspaper  selected ;  nor  shall  any  ad- 
vertisement be  paid  for  unless  published  in  accordance  with  section  thirty-eight 
hundred  and  twenty-eight  of  the  Revised  Statutes. — Act  of  Jan.  21.  1881  (21 
stnt..  3/7). 

APPROPRIATIONS. 

4.  Permanent,  how  determined. — No  specific  or  indefinite  appropriation  made 
hereafter  in  any  regular  annual  appropriation  act  shall  be  construed  to  be 
permanent  or  available  continuously  without  reference  to  a  fiscal  year  unless 
it  belongs  to  one  of  the  following  five  classes:  "Rivers  arid  Harbors,"  "Light- 
houses," "  Fortifications,"  "  Public  Buildings,"  mid  "  Pay  of  the  Navy  and 
Marine  Corps,"  last  specifically  named  in  and"  excepted  from  the  operations 
of  the  provisions  of  the  so-called  "covering-in  act,"  approved  June  twentieth, 
eighteen  hundred  and  severity-four,  or  unless  it  is  made  in  terms  expressly  pro- 
viding that  it  shall  continue  available  beyond  the  fiscal  year  for  which  the 
appropriation  act  in  which  it  is  contained  makes  provision. — Sec.  7,  act  of  Aug. 
:>'/.  I  ill  2  (•??'  Xtnt.,  ,)87). 

8 


4  AFPCOPBIATIONS. 

5.  Total  <un\)u»il  .,f;  hoh-  determined. — Hereafter  the  total  amount  appropri- 
ated in  the  various  paragraphs  of  an  appropriation  act  shall  be  determined 
by  the  correct  footing  up  of  the  specific  sums  or  rates  appropriated  in  each 
paragraph  contained  therein  unless  otherwise  expressly  provided. — Act  of  May 
28,  1896  (29  Stat.,  148). 

6.  For  contingent  expenses;  how  apportioned.— All  appropriations  made  for 
contingent  expenses  or  other  general  purposes,  except  appropriations  made  in 
fulfillment  of  contract  obligations  expressly  authorized  by  law,  or  for  objects 
required  or  authorized  by  law  without  reference  to  the  amounts  annually  ap- 
propriated therefor,  shall,  on  or  before  the  beginning  of  each  fiscal  year,  be  so  ap- 
portioned by  monthly  or  other  allotments  as  to  prevent  expenditures  in  one  por- 
tion of  the  year  which  may  necessitate  deficiency  or  additional  appropriations  to 
•complete  the  service  of  the  fiscal  year  for  which  said  appropriations  are  made ; 
*and  all  such  apportionments  shall  be  adhered  to  and  shall  not  be  waived  or 
modified  except  upon  the  happening  of  some  extraordinary  emergency  or  un- 
usual circumstance  which  could  not  be  anticipated  at  the  time  of  making  such 
apportionment,  but  this  provision  shall  not  apply  to  the  contingent  appropria- 
tions of  the  Senate  or  House  of  Representatives,  and  in  case  said  apportion- 
ments are  waived  or  modified  as  herein  provided  the  same  shall  be  waived  or 
modified  in  writing  by  the  head  of  such  executive  department  or  other  Govern- 
ment establishment  having  control  of  the  expenditure,  and  the  reasons  therefor 
shall  be  fully  set  forth  in  each  particular  case  and  communicated  to  Congress 
in  connection  with  estimates  for  any  additional   appropriations   required   on 
account  thereof.     Any  person  violating  any  provisions  of  ths  section  shall  be 
summarily  removed  from  office  and  may  also  be  punished  by  a  fine  of  not  less 
than  one  hundred  dollars  or  by  imprisonment  for  not  less  than  one  month. — Sec. 
3679,  R.  S.,  as  amended  by  acts  of  Mar.  3,  1905  (33  Stat.,  1251)  and  Feb.  27, 
1906  (34  Stat.,  49). 

7.  For  equipment  of  bakehouses  and  post  bakeries,  etc. — For  the  equipments 
of  bakehouses  to  carry  on  post  bakeries ;  for  the  necessary  furniture,  textbooks, 
paper,  and  equipments  for  the  post  schools  and  libraries ;  for  the  tableware  and 
mess  furniture  for  kitchens  and  mess  halls,  each  and  all  for  the  enlisted  men 
of  the  Army. — Annual  appropriation  acts. 

8.  Supplies,  Services,  and  Transportation;  combination  of  funds  as. — That  all 
the  money  hereinbefore  appropraited  under  the  titles  Subsistence  of  the  Army, 
Regular  Supplies — Quartermaster  Corps,  Incidental  Expenses — Quartermaster 
Corps,  Transportation  of  the  Army  and  its  Supplies,  Water  and  Sewers  at  Mili- 
tary Posts,  and  Clothing  and  Camp  and  Garrison  Equipage  shall  be  disbursed 
and  accounted  for  by  officers  and  agents  of  the  Quartermaster  Corps  as  "  Sup- 
plies, Services,  and  Transportation,  Quartermaster  Corps,"  and  for  that  purpose 
shall  constitute  one  fund. — 'Act  of  Mar.  4,  1915  (38  Stat.,  1078),  and  subsequent 
annual  appropriation  acts. 

9.  Available  for  purchases  for  future  years. — Hereafter  funds  appropriated 
for  support  of  the  Army  may  be  used  for  the  procurement  of  supplies  to  be  held 
in  store  for  Issue  to  the  Army  during  subsequent  fiscal  years. — Act  of  Mar.  4, 
1915  (38  Stat.,  1079). 

10.  Annual  report  to  be  rendered  to  Congress. — The  Secretary  of  War  shall 
make  an  annual  report  to  Congress  containing  a  statement  of  the  appropriations 


APPROPRIATIONS.  5 

of  the  preceding  fiscal  year  for  the  Department  of  War,  showing  the  amount 
appropriated  under  each  specific  head  of  appropriation,  the  amount  expended 
under  each  head,  and  the  balance  which,  on  the  thirtieth  day  of  June  preceding 
such  report,  remained  unexpended.  Such  reports  shall  be  accompanied  by  esti- 
mates of  the  probable  demands  which  may  remain  on  each  appropriation. — 
Sec.  228,  R.  8. 

11.  Unexpended  balances  remaining  on  books  of  Treasury  for  two  years. — 
From  and  after  the  first  day  of  July,  eighteen  hundred  and  seventy-four,  and  of 
each  year  thereafter,  the  Secretary  of  the  Treasury  shall  cause  all  unexpended 
balances  of  appropriations  which  shall  have  remained  upon  the  books  of  the 
Treasury  for  two  fiscal  years  to  be  carried  to  the  surplus  fund  and  covered  into 
the  Treasury:  Provided,  That  this  provision  shall  not  apply  to  permanent 
specific  appropriations,  appropriations  for  rivers  and  harbors,  lighthouses,  forti- 
fications, public  buildings,  or  the  pay  of  the  Navy  and  Marine  Corps;  but  the 
appropriations  named  in  this  proviso  shall  continue  available  until  otherwise 
ordered  by  Congress :     *     *     *     And  provided  further,  That  this  section  shall 
not  operate  to  prevent  the  fulfillment  of  contracts  existing  at  the  date  of  the 
passage  of  this  act. — Act  of  June  20, 187%  (18  Stat.,  110),  as  amended  by  sec.  4, 
act  of  June  14, 1878  (20  Stat.,  130). 

12.  Unexpended  balances,  diversion  of,  construed  as  a  new  appropriation. — 
The  reappropriation  and  diversion  of  the  unexpended  balance  of  any  appropria- 
tion to  a  purpose  other  than  that  for  which  it  was  originally  made  shall  be 
construed  and  accounted  hereafter  as  a  new  appropriation  and  the  unexpended 
balance  shall  be  reduced  by  the  sum  proposed  to  be  so  diverted. — Sec.  4,  act  of 
Mar.  4,  Wlo  (38  Stat.,  1161). 

APPLICATION  OP  BALANCES. 

13.  To  be  applied  only  to  expenses  incurred  during  year. — All  balances  of 
appropriations  contained  in  the  annual  appropriation  bills  and  made  specifically 
for  the  service  of  any  fiscal  year,  and  remaining  unexpended  at  the  expiration 
of  such  fiscal  year,  shall  only  be  applied  to  the  payment  of  expenses  incurred 
during  that  year,  or  to  the  fulfillment  of  contracts  properly  made  within  that 
year;  and  balances  not  needed  for  such  purposes  shall  be  carried  to  the  surplus 
fund.    This  section,  however,  shall  not  apply  to  appropriations  known  as  perma- 
nent or  indefinite  appropriations.— Sec.  3690,  R.  S. 

14.  Disposition  of  after  two  years. — All  balances  of  appropriations  which  shall 
have  remained  on  the  books  of  the  Treasury,  without  being  drawn  against  in 
the  settlement  of  accounts,  for  two  years  from  the  date  of  the  last  appropriation 
made  by  law,  shall  be  reported  by  the  Secretary  of  the  Tresury  to  the  Auditor 
of  the  Treasury,  whose  duty  it  is  to  settle  accounts  thereunder,  and  the  auditor 
shall  examine  the  books  of  his  office;  and  if  it  appears  that  such  balances  will 
not  be  required  for  this  purpose,  then  the  Secretary  may  include  such  balances 
in  his  surplus-fund  warrant,  whether  the  head  of  the  proper  departments  shall 
have  certified  that  it  may  be  carried  into  the  General  Treasury  or  not.    But 
no  appropriation  for  the  payment  of  the  interest  or  principal  of  the  public  debt, 
or  to  which  a  longer  duration  is  given  by  law,  shall  be  thus  treated. — Sec. 
3601,  R.  S. 

15.  Construction  of  public   buildings;   hoio   long  available;   disposition   of 
balances.— All  moneys  heretofore  appropriated  for  tlie  construction  of  public 


6  APPROPRIATIONS. 

buildings  and  now  remaining  to  the  credit  of  the  same  on  the  books  of  the 
Treasury  Department,  or  which  may  hereafter  be  appropriated  for  such  build- 
ings, shall  remain  available  until  the  completion  of  the  work  for  which  they 
are,  or  may  be,  appropriated.  And  upon  the  final  completion  of  each  or  any  of 
said  buildings,  and  the  payment  of  all  outstanding  liabilities  therefor,  the 
balance  or  balances  remaining  shall  be  immediately  covered  into  the  Treasury.- - 
Act  of  June  23,  1871,  (18  Stat.,  275). 

16.  Accruing  from    lapsed   salaries. — Thereafter  all   moneys  accruing   from 
lapsed  salaries,  or  from  unused  appropriations  for  salaries,  shall  be  covered 
into  the  Treasury. — Sec.  Jh  act  of  Aug.  5,  1882  (22  Stat..  2.55}. 

LIMITATIONS  tiOVERMMJ. 

17.  Official  or  clerical  compensation. — No  moneys  appropriated  for  contingent, 
incidental,  or  miscellaneous  purposes  shall  be  expended  or  paid  for  official  or 
clerical  compensation. — Sec.  3682,  R.  S. 

18.  Post  gardens  and  exchanges. — Hereafter  no  money  appropriated  for  the 
support  of  the  Army  shall  be  expended  for  post  gardens  or  exchanges,  but  this 
proviso  shall  not  be  construed  to  prohibit  the  use  by  post  exchanges  of  public 
buildings  or  public  transportation  when,  in  the  opinion  of  the  Quartermaster 
General,  not  required  for  other  purposes. — Act  of  July  16,  1892  (27  Stat.,  178). 

19.  Horse  races;  expenses  of  officers,  enlisted  men,  or  horses  attending. — 
Hereafter  no  part  of  this  or  any  other  appropriation  shall  be  expended  for 
defraying  expenses  of  officers,  enlisted  men,  or  horses  in  attending  or  taking 
part  in  horse  shows  or  horse  races;  but  nothing  in  this  proviso  shall  be  held 
to  apply  to  the  officers,  enlisted  men,  and  horses  of  any  troop,  battery,  or  com- 
pany which  shall,  by  order  or  permission  of  the  Secretary  of  War,  and  within 
the  limits  of  the  United  States,  attend  any  horse  show  or  any  State,  county, 
or  municipal  fair,  celebration,  or  exhibition. — Act  of  Apr.  27,  1914   (38  Stat., 
363). 

20.  Accountants  or  other  experts. — That  no  part  of  any  money  appropriated 
In  this  or  any  other  act  shall  be  used  for  compensation  or  payment  of  expenses 
of  accountants  or  other  experts  in  inaugurating  new  or  changing  old  methods 
of  transacting  the  business  of  the  United  States  or  the  District  of  Columbia 
unless  authority  for  employment  of  such  service  or  payment  of  such  expenses 
Is  stated  in  specific  terms  in  the  act  making  provision  therefor  and  the  rate 
of  compensation  for  such  services  or  expenses  is  specifically  fixed  therein,  or 
to  be  used  for  compensation  of  or  expenses  for  persons,  aiding  or  assisting  such 
accountants  or  other  experts,  unless  the  rate  of  compensation  of  or  expenses 
for  such  assistants  is  fixed  by  officers  or  employees  of  the  United  States  or 
District  of  Columbia  having  authority  to  do  so,  and  such  rates  of  compensa- 
tion or  expenses  so  fixed  shall  be  paid  only  to  the  person  so  employed. — Sec. 
5,  act  of  Apr.  6,  1914  (38  Stat.,  335). 

21.  Typewriting  machines. — That  no  part  of  any  money  appropriated  by  this 
act  shall  be  used  during  the  fiscal  year  nineteen  hundred  and  sixteen  for  the 
purchase  of  any  typewriting  machine  at  a  price  in  excess  of  the  lowest  price 
paid  .by  the  Government  of  the  United  States  for  the  same  make  and  substan- 
tially the  same  model  of  machine  during  the  period  of  the  fiscal  years  nine- 
teen hundred  and  thirteen   and   nineteen   hundred   and  fourteen;   such  price 


BONDS.  7 

shall  include  the  value  of  any  typewriting  machine  or  machines  given  in 
exchange,  but  shall  not  apply  to  special  prices  granted  on  typewriting  machines 
used  in  schools  of  the  District  of  Columbia  or  of  the  Indian  Service. — Sec.  5, 
act  of  Mar.  3,  1015  (38  Stat.,  886). 

NOTE. — Substantially  this  same  provision  appears  in  subsequent  annual  appropria- 
tion nets. 

22.  Expenditures  not  to  exceed  appropriations. — No  executive  department  or 
other  Government  establishment  of  the  United  States  shall  expend,  in  any  one 
fiscal  year,  any  sum  in  excess  of  appropriations  made  by  Congress  for  that  fiscal 
year,  or  involve  the  Government  in  any  contract  or  other  obligation  for  the 
future  payment  of  money  in  excess  of  such  appropriations  unless  such  contract 
or  obligation  is  authorized  by  law. — Sec.  3679,  R.  S.,  as  amended  by  acts  of 
Mar.  ./.  1905  (33  Mat.,  1257),  and  Pel).  27,  1906  (34  Stat.,  49). 

28.  Motor-propelled  or  home-drawn  passenger-carrying  vehicles. — No  appro- 
priation made  in  this  or  any  other  act  shall  be  available  for  the  purchase  of 
any  motor-propelled  or  horse-drawn  passenger-carrying  vehicle  for  the  service 
of  any  of  the  executive  departments  or  other  Government  establishments,  or 
any  branch  of  the  Government  service,  unless  specific  authority  is  given  there- 
for, and  after  the  close  of  the  fiscal  year  nineteen  hundred  and  fifteen  there 
shall  not  be  expended  out  of  any  appropriation  made  by  Congress  any  sum  for 
purchase,  maintenance,  repair,  or  operation  of  motor-propelled  or  horse-drawn 
passenger-carrying  vehicles  for  any  branch  of  the  public  service  of  the  United 
States  unless  the  same  is  specifically  authorized  by  law,  and  in  the  estimates 
for  the  fiscal  year  nineteen  hundred  and  sixteen  and  subsequent  fiscal  years 
there  shall  be  submitted  in  detail  estimates  for  such  necessary  appropriations 
as  are  intended  to  be  used  for  purchase,  maintenance,  repair,  or  operation  of 
all  motor-propelled  or  horse-drawn  passenger-carrying  vehicles,  specifying  the 
sums  required,  the  public  purposes  for  which  said  vehicles  are  intended,  and 
the  officials  or  employees  by  whom  the  same  are  to  be  used. — Sec.  5,  act  of  July 
16,  1914  (38  Stat.,  508). 

NOTE. — Held,  that  ordinary  motorcycles  .are  passenger-carrying  vehicles  within  the  pro 
hibition  of  the  act. — Comp.  Treas.,  Sept.  8,  1916,  W.  D.  Bulletin  No.  39,  Oct.  6,  1916. 

BONDS— OFFICERS. 

24.  Of  disbursing  officers. — All  officers  of  the  Quartermaster's,  Subsistence, 
and  Pay  Departments,  the  chief  medical  purveyor  and  assistant  medical  pur- 
veyor,  and  all  storekeepers  shall,   before  entering  upon   the  duties  of  their 
respective  offices,  give  good  and  sufficient  bond  to  the  United  States,  in  such 
sums  as  the  Secretary  of  War  may  direct,  faithfully  to  account  for  all  public 
moneys  and  property  which  they  may  receive.     The  President  may,  at  any  time, 
increase  the  sums  so  prescribed.     (But  the  Quartermaster  General  shall  not  be 
liable  for  any  money  or  property  that  may  come  into  the  hands  of  the  subordi- 
nate officers  of  his  department.) — Sec.  1191.  R.  S..  aft  amended  by  act  of  Feb.  27. 
1877  (19  Stat.,  243).      (See  par.  25.} 

25.  Provisions  of  section  1191.  R.  S.,  waived;  when. — That  hereafter  the  pro- 
visions of  section  eleven  hundred  and  ninety -one  of  the  Revised  Statutes  of  the 
United  States  may,  in  the  discretion  of  the  Secretary  of  War,  be  waived  in  the 
cases  of  officers  of  the  Quartermaster  Corps  who  are  not  accountable  for  public 
funds  or  public-  property.--  \ct  of  .-\va-ii8t  29,  1916  (89  Stat.,  626}. 


8  BONDS. 

26.  Increase  of  bonds. — *     *     *     The  President  is  authorized,  if  in  his  opin- 
ion the  interest  of  the  United  States  requires  the  same,  to  regulate  and  increase 
the  sums  for  which  bonds  are,  or  may  be,  required  by  law,  of  all     *     *     *     pay- 
masters in  the  Army,  commissary  general,  and  all  other  officers  employed  in  the 
disbursement  of  the  public  moneys,  under  the  direction  of  the  War  or  Navy 
Departments. — Sec.  8639,  R.  S. 

27.  Of  special  agents. — Whenever  it  becomes  necessary  for  the  head  of  any 
department  or  office  to  employ  special  agents,  other  than  officers  of  the  Army 
or  Navy,  who  may  be  charged  with  the  disbursement  of  public  moneys,  such 
agents  shall,  before  entering  upon  duty,  give  bond  in  such  form  and  with  such 
security  as  the  head  of  the  department  or  office  employing  them  may  approve. — 
Sec.  3614,  R.  S. 

EXAMINATION  AND  RENEWAL  OF. 

28.  Examination  of;  how  often. — Hereafter  every  officer  required  by  law  to 
take  and  approve  official  bonds  shall  cause  the  same  to  be  examined  at  least 
once  every  two  years  for  the  purpose  of  ascertaining  the  sufficiency  of  the 
sureties  thereon;   and  every  officer  having  power  to  fix  the  amount  of  an 
official  bond  shall  examine  it  to  ascertain  the  sufficiency  of  the  amount  thereof 
and  approve  or  fix  said  amount  at  least  once  in  two  years  and  as  much  oftener 
as  he  may  deem  it  necessary. — Sec.  5,  act  of  Mar.  2,  JS95  (28  Stat.,  807). 

29.  Rcncical  of;  how  often. — Hereafter  every  officer  whose  duty  it  is  to  take 
and  approve  official  bonds  shall  cause  all  such  bonds  to  be  renewed  every  four 
years  after  their  dates,  but  he  may  require  such  bonds  to  be  renewed  or 
strengthened  oftener  if  he  deem  such  action  necessary.    In  the  discretion  of 
such  officer  the  requirements  of  a  new  bond  may  be  waived  for  the  period 
of  service  of  a  bonded  officer  after  the  expiration  of  a  four-year-term  of  service 
pending  the  appointment  and  qualification  of  his  successor. — Ibid. 

80.  Rcncical  of,  disbursing  officers. — All  disbursing  officers  of  the  pay  de- 
partment shall  renew  their  bonds  or  furnish  additional  security  at  least  once 
in  four  years,  and  as  much  oftener  as  the  President  may  direct. — Sec.  1192,  R.  S. 

LIABILITY  OF  SURETIES;  RELEASE. 

81.  Non performance  of  requirements  not  to  affect  liability. — The  nonporform- 
nnce  of  any  requirement  of  this  section  on  the  part  of  any  official  of  the  Gov- 
ernment shall  not  be  held  to  affect  in  any  respect  the  liability  of  principal  or 
sureties  on  any  bond  made  or  to  be  made  to  the  United  States. — Act  of  Mar.  2, 
1895  (28  Stat.,  807.) 

82.  Duration  of  liability. — The  liability  of  the  principal  and  sureties  on  all 
official  bonds  shall  continue  and  cover  the  period  of  service  ensuing  until  the 
appointment  and  qualification  of  the  successor  of  the  principal — Ibid. 

83.  Deficiencies  to  be  reported. — Hereafter,  whenever  any  deficiency  shall  be 
discovered  in  the  accounts  of  any  official  of  the  United  States,  or  of  any  officer 
disbursing  or  chargeable  with  public  money,  it  shall  be  the  duty  of  the  account- 
ing officers  making  such  discovery  to  at  once  notify  the  head  of  the  department 
having  control  over  the  affairs  of  said  officer  of  the  nature  and  amount  of  said 
deficiency,  and  it  shall  be  the  immediate  duty  of  said  head  of  department  to  at 
once  notify  all  obligors  upon  the  bond  or  bonds  of  said  official  of  the  nature  of 


BONDS.  9 

such  deficiency  and  the  amount  thereof.  Said  notification  shall  be  deemed 
sufficient  if  mailed  at  the  post  office  in  the  city  of  Washington,  District  of 
Columbia,  addressed  to  said  sureties,  respectively,  and  directed  to  the  respec- 
tive post  offices  where  said  obligors  may  reside,  if  known ;  but  a  failure  to  give 
or  mail  such  notice  shall  not  discharge  the  surety  or  sureties  upon  such  bond. — 
Sec.  1.  act  of  Aug.  8,  J888  (25  Stat.,  3S7). 

84.  Release  of  sureties. — If,  upon  the  statement  of  the  account  of  any  official 
of  the  United  States,  or  of  any  officer  disbursing  or  chargeable  with  public 
money  by  the  accounting  officers  of  the  Treasury,  it  shall  thereby  .appear  that 
he  is  indebted  to  the  United  States,  and  suit  therefor  shall  not  be  instituted 
with'n  five  years  after  such  statement  of  said  account,  the  sureties  on  his  bond 
shall  not  be  liable  for  such  indebtedness. — Sec.  2,  ibid. 

SURETY  COMPANIES  AS  SURETIES. 

35.  Bonds  executed  by,  accepted  as  surety. — Whenever  any  recognizance,  stipu- 
lation, bond,  or  undertaking  conditioned  for  the  faithful  performance  of  any 
duty,  or  for  doing  or  refraining  from  doing  anything  in  such   recognizance, 
stipulation,  bond,  or  undertaking  specified,  is  by  the  laws  of  the  United  States 
required  or  permitted  to  be  given  with  one  surety  or  with  two  or  more  sureties, 
the  execution  of  the  same  or  the  guaranteeing  of  the  performance  of  the  con- 
dition thereof  shall  be  sufficient  when  executed  or  guaranteed  solely  by  a  cor- 
poration incorporated  under  the  laws  of  the  United  States  or  of  any  State  having 
power  to  guarantee  the  fidelity  of  persons  holding  positions  of  public  or  private 
trust,  and  to  execute  and  guarantee  bonds  and  undertakings  in  judicial  pro- 
ceedings.— Sec.  1,  act  of  Aug.  13,  1804  (28  Stat.,  279). 

36.  Approval  of,   by  whom;  discrimination  forbidden. — That  such   recogni- 
zance, stipulation,  bond,  or  undertaking  be  approved  by  the  head  of  depart- 
ment, court,  judge,  officer,  board,  or  body  executive,  legislative,  or  judicial  re- 
quired to  approve  or  accept  the  same.     But  no  officer  or  person  having  the  ap- 
proval of  any  bond  shall  exact  that  it  shall  be  furnished  by  a  guarantee  com- 
pany or  by  any  particular  guarantee  company. — Ibid. 

87.  Agents  to  be  appointed  in  judicial  districts  icliere  surety  undertaken. — 
No  such  company  shall  do  business  under  the  provisions  of  this  act  beyond  the 
limits  of  the  State  or  Territory  under  whose  laws  it  was  incorporated  and  in 
which  its  principal  office  is  located  nor  beyond  the  limits  of  the  District  of 
Columbia,  when  such  company  was  incorporated  under  its  laws  or  the  laws 
of  the  United  States  and  its  principal  office  is  located  in  said  District,  until  it 
shall,  by  a  written  power  of  attorney,  appoint  some  person  residing  within  the 
jurisdiction  of  the  court  for  the  judicial  district  wherein  such  suretyship  is  to 
be  undertaken,  who  shall  be  a  citizen  of  the  State,  Territory,  or  District  of 
Columbia,  wherein  such  court  is  held,  as  its  agent,  upon  whom  may  be  served 
all  lawful  process  against  such  company,  and  who  shall  be  authorized  to  enter 
an  appearance  in  its  behalf. — Sec.  2,  ibid. 

38.  Copy  of  power  of  attorney  to  be  filed  icith  clerk  of  court. — A  copy  of  such 
power  of  attorney,  duly  certified  and  authenticated,  shall  be  filed  with  the  clerk 
of  the  district  court  of  the  United  States  for  such  district  at  each  place  where 
a  term  of  such  court  is  or  may  be  held,  which  copy,  or  a  certified  copy  thereof, 
shall  be  legal  evidence  in  all  controversies  arising  under  this  act. — Ibid. 


10  BONDS. 

#9.  \'ac<incic* :  scrricc  of  process. — If  any  such  agent  shall  be  removed,  resign, 
«>r  die,  become  insane,  or  otherwise  incapable  of  acting,  it  shall  be  the  duty  of 
such  company  to  appoint  another  agent  in  his  place,  as  hereinbefore  prescribed, 
and  until  such  appointment  shall  have  been  made,  or  during  the  absence  of  any 
agent  of  such  company  from  such  district,  service  of  process  may  be  upon  the 
clerk  of  the  court  wherein  such  suit  is  brought,  with  like  effect  as  upon  an  agent 
appointed  by  the  company.  The  officer  executing  such  process  upon  such  clerk 
shall  immediately  transmit  a  copy  thereof  by  mail  to  the  company,  and  state 
such  fact  in  his  return.  A  judgment,  decree,  or  order  of  the  court  entered  or 
made  after  s.ervice  of  process  as  aforesaid  shall  be  as  valid  and  binding  on 
such  company  us  if  served  with  process  in  said  district. — Ibid. 

40.  Jurisdiction  of  United  State*  courts. — Any  surety  company  doing  business 
under  the  provisions  of  this  act  may  be  sued   in  respect   thereof  in  any  court 
of  the  United   States  which   has  now  or  hereafter   may   have  .-jurisdiction  of 
actions  or  suits  upon  such  recognizance,  stipulation,  bond,  or  undertaking  in 
the  district  in  which  such  recognizance,  stipulation,  bond,  or  undertaking  was 
made  or  guaranteed,  or  in  the  district    in   which  the  principal  office  of  such 
company    is   located.     And   for   the  purposes   of   the   act   such   recognizance, 
stipulation,  bond,  or  undertaking  shall  be  treated  as  made  or  guaranteed  in 
the  district  in  which  the  office  is  located,  to  which  it  is  returnable,  or  in  which 
it  is  filed,  or  in  the  district  in  which  the  principal  in  such  recognizance,  stipula- 
tion, bond,  or  undertaking  resided  when  it   was  made  or  guaranteed.     Nrr.   />. 
ibid,  p.  280. 

41.  Forfeiture  of  rights  on  failing  to  pay  judgments. — If  any  such  company 
shall  neglect  or  refuse  to  pay  any  final  judgment  or  decree  rendered  against  it 
upon  any  such  recognizance,  stipulation,  bond,  or  undertaking  made  or  guaran- 
teed by  it  under  the  provisions  of  this  act,  from  which  no  appeal,  writ  of  error, 
or  supersedeas  has  been  taken  for  thirty  days  after  the  rendition  of  such  judg- 
ment or  decree,  it  shall  forfeit  all  right  to  do  business  under  this  act. — Sec.  a. 
ibid. 

42.  Companies   estopped  from    denying   power. — Any   company   which   shall 
execute  or  guarantee  any  recognizance,  stipulation,  bond,  or  undertaking  under 
the  provisions  of  this  act  shall  be  estopped,  in  any  proceeding  to  enforce  the 
liability  which  it  shall  have  assumed  to  incur  to  deny  its  corporate  power  to 
execute  or  guarantee  such  instrument  or  assume  such  liability. — Sec.  7.  ibid. 

43.  Penalty  for  failing  to  comply  with  provisions. — Any  company  doing  busi- 
ness under  the  provisions  of  this  act  which  shall  fail  to  comply  with  any  of 
its  provisions  shall  forfeit  to  the  United  States  for  every  such  failure  not  less 
than  five  hundred  dollars  nor  more  than  five  thousand  dollars,  to  be  recovered 
by  suit  in  the  name  of  the  United  States  in  the  same  courts  in  which  suit 
may  be  brought  against  such  company  under  the  provisions  of  this  act.  and 
such  failure  shall  not  affect  the  validity  of  any  contract  entered  into  by  such 
company. — Sec.  8,  ibid. 

44.  Copy  of  charter  to  be  flled  with  Secretary  of  Treasury. — Every  company, 
before  transacting  any  business  under  this  act.  shall  deposit  with  the  Secretary 
of  the  Treasury  of  the  I'niled  St.-ites  a  copy  of  its  charter  or  articles  of  incorpora- 
tion, and  a  statement,  signed  and  sworn  to  by  its  president  nnd  secretary,  show- 
ing its  assets  and  liabilities.    If  the  said  Secretary  of  the  Treasury  shall  be  sat- 
isfied that  such  company  has  authority  under  its  charter  to  do  the  business  pro- 


BONDS.  11 

vided  for  in  this  act.  and  that  it  has  a  paid-up  capital  of  not  less  than  two  hun- 
dred and  fifty  thousand  dollars,  in  (-ash  or  its  equivalent,  and  is  able  to  keep 
and  perform  its  contracts,  he  shall  grant  authority  in  writing  to  such  company 
to  do  business  under  this  act. — Sec.  -i.  <t<-t  of  "Ifar.  23,  1910  (36  Stat..  .?///). 

45.  Report*  to  he  filed. — Every  such  company  shall,  in  the  mouths  of  January, 
April,  July,  and  October  of  each  year,  tile  with  the  said  Secretary  of  the  Treas- 
ury a  statement,  signed  and  sworn  to  by  its  president  and  secretary,  showing  its 
assets  and  liabilities,  as  is  required  by  section  three  of  this  act.—- flrc.  4-  ibid. 

46.  Revoking  authority,  inquiries,  etc. — The  said  Secretary  of  the  Treasury 
shall  have  the  power,  and  it  shall  be  his  duty,  to  revoke  the  authority  of  any 
such  company  to  transact  any  new  business  under  this  act  whenever  in  his 
judgment  such  company  is  not  solvent  or  is  conducting  its  business  in  violation 
of  this  act.    He  may  institute  inquiry  at  any  time  into  the  solvency  of  said  com- 
pany and  may  require  that  additional  security  be  given  at  any  time  by  any 
principal  when  he  deems  such  company  no  longer  sufficient  security. — Ibid. 

47.  Premium*  limited. — Until  otherwise  provided  by  law  no  bond  shall  be 
accepted  from  any  surety  or  bonding  company  for  any  officer  or  employee  of  the 
United  States  which  shall  cost  more  than  thirty-five  per  centum  in  excess  of  the 
rate  of  premium  charged  for  a  like  bond  during  the  calendar  year  nineteen 
hundred  and  eight.— Act  of  Aup.  5.  1909  (36  Stat.,  J25). 

48.  Same. — No  part   to   be  paid   by    United   States. — Hereafter   the   United 
States  shall  not  pay  any  part  of  the  premium  or  other  cost  of  furnishing  a  bond 
required  by  law  or  otherwise  of  any  officer  or  employee  of  the  United  States.— 
Ibid. 

BONDS— CONTRACTORS'. 

TO    SECCRE    PAYMENT    FOB    LABOR    AND    MATERIAL    IN    THE    CONSTRUCTION    OF    PUBLIC 

WORKS. 

49.  Penal  bond  to  include  security  for  labor,  etc. — Hereafter  any  person  or 
persons  entering  into  a  formal  contract  with  the  United  States  for  the  con- 
struction of  any  public  building,   or  the  prosecution   and  completion  of  any 
public  work,  or  for  repairs  upon  any  public  building  or  public  work,  shall  be 
required,  before  commencing  such  work,  to  execute  the  usual  penal  bond,  with 
good  and  sufficient  sureties,  with  the  additional  obligation  that  such  contractor 
or  contractors  shall  promptly  make  payments  to  all  persons  supplying  him  or 
them  with  labor  and  materials  in  the  prosecution  of  the  work  provided  for  in 
such  contract. — Act  of  Aug.  18,  1894  (28  Stat.,  278),  as  amended  by  act  of  Feb. 
24.  1905  (33  Stat.,  811). 

50.  Rights-  of  persons,  corporations,  etc. — And  any  person,  company,  or  cor- 
poration who  has  furnished  labor  or  materials  used  in  the  construction  or  re- 
pair of  any  public  building  or  public  work,  and  payment  for  which  has  not 
been  made,  shall  have  the  right  to  intervene  and  be  made  a  party  to  any  action 
instituted  by  the  United  States  on  the  bond  of  the  contractor,  and  to  have  their 
rights  and  claims  adjudicated  in  such  action  and  judgment  rendered  thereon, 
subject,  however,  to  the  priority  of  the  claim  and  judgment  of  the  United 
States.    If  the  full  amount  of  the  liability  of  the  surety  on  said  bond  is  insuffi- 
cient to  pay  the  full  amount  of  said  claims  and  demands,  then,  after  paying 
the  full  amount  due  the  United  States,  the  remainder  shall  be  distributed  pro 
rata  among  said  interveners. — Ibid. 


12  CLAIMS. 

51.  Action  on  bond  for  labor  or  material  furnished;  jurisdiction. — If  no  suit 
should  he  brought  by  the  United  States  within  six  months  from  the  completion 
and  final  settlement  of  said  contract,  then  the  person  or  persons  supplying 
the  contractor  with  labor  and  materials  shall,  upon  application  therefor,  and 
furnishing  affidavit  to  the  department  under  the  direction  of  which  said  work 
has  been  prosecuted  that  labor  or  materials  for  the  prosecution  of  such  work 
has  been  supplied  by  him  or  them,  and  payment  for  which  has  not  been  made, 
be  furnished  with  a  certified  copy  of  said  contract  and  bond,  upon  which  he 
or  they  shall  have  a  right  of  action,  and  shall  be,  and  are  hereby,  authorized 
to  bring  suit  in  the  name  of  the  United  States  in  the  circuit  court  of  the  United 
States  in  the  district  in  which  said  contract  was  to  be  performed  and  executed, 
irrespective  of  the  amount  in  controversy  in  such  suit,  and  not  elsewhere,  for 
his  or  their  use  and  benefit,  against  said  contractor  and  his  sureties,  and  to 
prosecute  the  same  to  final  judgment  and  execution. — Ibid. 

62.  Time  limit. — Where  suit  is  instituted  by  any  of  such  creditors  on  the 
bond  of  the  contractor  it  shall  not  be  commenced  until  after  the  complete 
performance  of  said  contract  and  final  settlement  thereof,  and  shall  be  com- 
menced within  one  year  after  the  performance  and  final  settlement  of  said 
contract,  and  not  later. — Ibid. 

53.  Creditors  limited  to  single  action. — Where  suit  is  so  instituted  by  a  cred- 
itor or  by  creditors,  only  one  action  shall  be  brought,  and  any  creditor  may  file 
his  claim  in  such  action  and  be  made  party  thereto  within  one  year  from  the 
completion  of  the  work  under  said  contract,  and  not  later. — Hid. 

54.  Judgment  ichcre  bond  is  inadequate. — If  the  recovery  on  the  bond  shall 
be  inadequate  to  pay  the  amounts  found  due  to  all  of  said  creditors,  judgment 
shall  be  given  to  each  creditor  pro  rata  of  the  amount  of  the  recovery. — Ibid. 

55.  Payment  by  sureties  on  bond. — The  surety  on  said  bond  may  pay  into 
court,  for  distribution  among  said  claimants  and  creditors,  the  full  amount  of 
the  sureties'  liability,  to  wit,  the  penalty  named  in  the  bond,  less  any  amount 
which  said  surety  may  have  had  to  pay  to  the  United  States  by  reason  of  the 
execution  of  said  bond,  and  upon  so  doing  the  surety  will  be  relieved  from 
further  liability.— Ibid. 

56.  Personal  notice  to  creditors;  publication  of. — In  all  suits  instituted  under 
the  provisions  of  this  act  such  personal  notice  of  the  pendency  of  such  suits, 
informing  them  of  their  right  to  intervene  as  the  court  may  order,  shall  be 
given  to  all  known  creditors,  and  in  addition  thereto  notice  of  publication  In 
some  newspaper  of  general  circulation,  published  in  the  State  or  town  where 
the  contract  Is  being  performed,  for  at  least  three  successive  weeks,  the  last 
publication  to  be  at  least  three  months  before  the  time  limited  therefor. — Ibid. 

CLAIMS  AGAINST  THE  UNITED  STATES. 

PROSECUTION  OF  CLAIMS. 

67.  Subpoenas  to  icitnfsscs. — Any  head  of  n.  department  or  bureau  in  which  a 
claim  against  the  United  States  Is  properly  pending  inny  apply  to  nny  judge  or 
clerk  of  any  court  of  the  United  States  In  nny  State,  District,  or  Territory  to 
issue  a  subpo?na  for  n  witness,  being  within  the  jurisdiction  of  such  court,  to 
appear  at  a  time  and  place  In  the  subpoena  stated  before  any  officer  authorized 


CLAIMS.  13 

to  take  depositions  to  be  used  in  the  courts  of  the  United  States,  there  to  give 
full  and  true  answers  to  such  written  interrogatories  and  cross-interrogatories 
as  may  be  submitted  with  the  application,  or  to  be  orally  examined  and  cross- 
examined  upon  the  subject  of  such  claim. — Sec.  184,  R-  8. 

68.  Witnesses'  fees. — Witnesses  subpoenaed  pursuant  to  the  preceding  section 
shall  be  allowed  the  same  compensation  as  is  allowed  witnesses  in  the  courts  of 
the  United  States.— Sec.  1S5,  R.  S. 

59.  Compelling  testimony. — If  any  witness,  after  being  duly  served  with  such 
subpoena,  neglects  or  refuses  to  appear,  or,  appearing,  refuses  to  testify,  the 
judge  of  the  district  in  which  the  subpoena  issued  may  proceed,  upon  proper 
process,  to  enforce  obedience  to  the  subpoena  or  to  punish  the  disobedience  in 
like  manner  as  any  court  of  the  United  States  may  do  so  in  case  of  process  of 
subpoena  ad  testificandum  issued  by  such  court. — Sec.  186,  R.  S. 

60.  Professional  assistance;  how  obtained. — Whenever  any  head  of  a  depart- 
ment  or  bureau   having  made  application  pursuant   to   section   one  hundred 
and  eighty-four,  for  a  subpoena  to  procure  the  attendance  of  a  witness  to  be 
examined,  is  of  the  opinion  that  the  interests  of  the  United  States  require  the 
attendance  of  counsel  at  the  examination,  or  require  legal  investigation  of  any 
claim  pending  in  his  department  or  bureau,  he  shall  give  notice  thereof  to  the 
Attorney  General,  and  of  all  facts  necessary  to  enable  the  Attorney  General  to 
furnish  proper  professional  service  in  attending  such  examination,  or  making 
such  investigation,  and  it  shall  be  the  duty  of  the  Attorney  General  to  provide 
for  such  service. — Sec.  187,  R.  S. 

61.  Evidence  to  be  furnished  by  the  departments  in  suits  pending  in  the  Court 
of  Claims. — In  all  suits  brought  against  the  United  States  in  the  Court  of 
Claims  founded  upon  any  contract,  agreement,  or  transaction  with  any  depart- 
ment, or  any  bureau,  officer,  or  agent  of  a  department,  or  where  the  matter  or 
thing  on  which  the  claim  is  based  has  been  passed  upon  and  decided  by  any 
department,  bureau,  or  officer  authorized  to  adjust  it,  the  Attorney  General 
shall  transmit  to  such  department,  bureau,  or  officer  a  printed  copy  of  the  peti- 
tion filed  by  the  claimant,  with  a  request  that  the  department,  bureau,  or  officer 
shall  furnish  to  the  Attorney  General  all  facts,  circumstances,  and  evidence 
touching  the  claim  in  the  possession  or  knowledge  of  the  department,  bureau, 
or  officer.    Such  department,  bureau,  or  officer  shall,  without  delay  and  within 
a  reasonable  time,  furnish  the  Attorney  General  with  a  full  statement,  in  writ- 
ing, of  all  such  facts,  information,  and  proofs.    The  statement  shall  contain  a 
reference  to  or  description  of  all  such  official  documents  or  papers,  if  any,  as 
may  furnish  proof  of  facts  referred  to  in  it,  or  may  be  necessary  and  proper 
for  the  defense  of  the  United  States  against  the  claim,  mentioning  the  depart- 
ment, office,  or  place  where  the  same  is  kept  or  may  be  procured.    If  the  claim 
has  been  passed  upon  and  decided  by  the  department,  bureau,  or  officer,  the 
statement  shall  succinctly  state  the  reasons  and  principles  upon  which  such 
decision  was  based.    In  all  cases  where  such  decision  was  founded  upon  any 
act  of  Congress  or  upon  any  section  or  clause  of  such  act,  the  same  shall  be 
cited  specifically;  and  if  any  previous  interpretation  or  construction  has  been 
given  to  such  act,  section,  or  clause  by  the  department,  bureau,  or  officer  the 
same  shall  be  set  forth  succinctly  in  the  statement,  and  n  copy  of  the  opinion 
filed,  if  any,  shall  be  annexed  to  it.    Where  any  decision  in  the  case  has  been 
based  upon  any  regulation  of  a  department  or  where  such  regulation  has,  in 
the  opinion  of  the  department,  bureau,  or  officer  transmitting  such  statement, 


14  CLAIMS. 

auy  bearing  upon  the  claim  in  suit,  the  same  shall  be  distinctly  quoted  at  length 
in  the  statement.  But  where  more  than  one  case,  or  a  class  of  cases  is  pend- 
ing, the  defense  to  which  rests  upon  the  same  facts,  circumstances,  and  proofs 
the  department,  bureau,  or  officer  shall  only  be  required  to  certify  and  transmit 
one  statement  of  the  same,  and  such  statement  shall  be  held  to  apply  to  all  such 
cases  as  if  made  out,  certified,  and  transmitted  in  each  case  respectively.  — 
Sec.  188,  R.  S. 

62.  Employment  of  attorneys  or  counsel.  —  No  head  of  a  department  shall 
employ  attorneys  or  counsel  at  the  expense  of  the  United  States,  but  when  in 
need  of  counsel  or  advice  shall  call  upon  the  Department  of  Justice,  the  officers 
of  which  shall  attend  to  the  same.  —  Sec.  189,  R.  S. 

63.  Person*  formerly  in   the  departments  not  to  prosecute  claims  in  them 
tdthin  ticn  near*.  —  It  shall  not  be  lawful  for  any  person  appointed  after  the 
first  day  of  June,  eighteen  hundred  and  seventy-two,  as  an  officer,  clerk,  or 
employee  in  any  of  the  departments  to  act  as  counsel,  attorney,  or  agent  for 
prosecuting  any  claim  against  the  United  States  which  was  pending  in  either 
of  said  departments  while  he  was  such  officer,  clerk,  or  employee,  nor  in  any 
manner  nor  by  any  means  to  aid  in  the  prosecution  of  any  such  claim  within 
two  years  next  after  he  shall  have  ceased  to  be  such  officer,  clerk,  or  employee.— 
Sec.  190,  R.  S. 

64.  Oath    of  persons   prosecuting   claims.  —  Any   person    prosecuting   chums, 
either  as  attorney  or  on  his  own  account,  before  any  of  the  departments  or 
bureaus  of  the  United  States  shall  be  required  to  take  the  oath  of  allegiance 
and  to  support  the  Constitution  of  the  United  States,  as  required  of  persons  in 
the  civil  service.  —  Sec.  3478,  R.  S. 

66.  Who  may  administer  the  oath.<  —  The  oath  provided  for  in  the  preceding 
section  may  be  taken  before  any  justice  of  the  peace,  notary  public,  or  other 
person  who  is  legally  authorized  to  administer  an  oath  in  the  State  or  district 
where  the  same  may  be  administered.—  Sec.  S.'flQ,  R.  S. 

CLAIMS  OF   DISLOYALISTS. 

66.  Which  accrued  or  existed  prior  to  April  18,  1861.  —  It  shall  be  unlawful 
for  any  officer  to  pay  any  account,  claim,  or  demand  against  the  United  States 
which  accrued  or  existed  prior  to  the  thirteenth  day  of  April,  eighteen  hun- 
dred and  sixty-one,  in  favor  of  any  person  who  promoted,  encouraged,  or  in  any 
manner  sustained  the  late  rebellion,  or  in  favor  of  any  person  who  during  such 
rebellion  was  not  known  to  be  opposed  thereto  and  distinctly  in  favor  of  its 
suppression  ;  and  no  pardon  heretofore  granted  or  hereafter  to  be  granted  shall 
authorize  the  payment  of  such  account,  claim,  or  demand  until  this  section  is 
modified  or  repealed.  But  this  section  shall  not  be  construed  to  prohibit  the 
payment  of  claims  founded  upon  contracts  made  by  any  of  the  departments 
where  such  claims  were  assigned  or  contracted  to  be  assigned  prior  to  the  first 
day  of  April,  eighteen  hundred  :m<l  sixty-one,  to  the  creditors  of  such  contractors, 
loyal  citizens  of  loyal  States,  in  payment  of  debts  incurred  prior  to  the  first  day 
of  March,  eighteen  hundred  and  sixty-one.  Nrr.  3JRO,  R.  S.  <  Nrr  i»n\  fi?'.1 


67.  Loyalty  restriction  repealed  as  to  c.lmnts  for  service  in  .In////  prior  to 
April  13,  1861.  —  Section  thirty-four  hundred  and  eighty  of  the  Revised  Statutes 
of  the  United  States  he.  and  the  same  is  hereby,  repealed  so  far  MS  it  affects 


CLAIMS.  15 

payments  for  services  iu  the  Army  of  the  United   states  prior  to  April   thir- 
teenth, eighteen  hundred  «nd  sixty-one. — Act  of  .Inly  a.  191',  (38  Ktal..  451f). 

ASSIGNMENT    OF   CLAIMS — POWERS    OF    ATTORNEY. 

68.  Execution  of,   in  presence  of  wit-nexsc*,   etc.     All    transfers  and  assign- 
ments made  of  any  claim  upon  the  United   States,  or  of  any   part  or  share 
thereof,  or  interest  therein,  whether  absolute  or  conditional,  and  whatever  may 
be  the  consideration  therefor,  and  all  powers  of  attorney,  orders,  or  other  au- 
thorities for  receiving  payment  of  any  such  claim,  or  of  any  part  or  share 
thereof,  shall  be  absolutely  null  and  void,  unless  they  are  freely  made  and 
executed  in  the  presence  of  at  least  two  attesting  witnesses,  after  the  allowance 
of  such  a  claim,  the  ascertainment  of  the  amount  due,  and  the  issuing  of  a 
warrant  for  the  payment  thereof.     Such  transfers,  assignments,  and  powers  of 
attorney  must  recite  the  warrant  for  payment,  and  must  be  acknowledged  by 
the  person  making  them,  before  an  officer  having  authority  to  take  acknowledg- 
ments of  deeds,  and  shall  be  certified  by  the  office ;  and  it  must  appear  by  the 
certificate  that  the  officer,  at  the  time  of  the  acknowledgment,  read  ana  fully 
explained    the   transfer,    assignment,    or   warrant   of   attorney,    to    the   person 
acknowledging  the  same. — Sec.  3477,  R.  H. 

DEPARTMENT   OF  JUSTICE. 

69.  Officers  of,  to  perform  all  leyal  services  required  for  other  department*.— 
The  officers  of  the  Department  of  Justice,  under  the  direction  of  the  Attorney 
General,  shall  give  all  opinions  and  render  all  services  requiring  the  skill  of 
persons  learned  in  the  law  necessary   to  enable  the  President  and  heads  of 
departments,  and  the  heads  of  bureaus  and  other  officers  in  the  departments,  to 
discharge  their  respective  duties;  and  shall,  on  behalf  of  the  United  States, 
procure  the  proper  evidence  for,  and  conduct,  prosecute,  or  defend  all  suits  and 
proceedings  in  the  Supreme  Court  and  in  the  Court  of  Claims,  in  which  the 
United  States,  or  any  officer  thereof,  as  such  officer,  is  a  party  or  may  be  in- 
terested ;  and  no  fees  shall  be  allowed  or  paid  to  any  other  attorney  or  coun- 
selor at  law  for  any  service  herein  required  of  the  officers  of  the  Department 
of  Justice,  except  in  the  cases  provided  by  section  three  hundred  and  sixty- 
three.— Sec.  361,  R.  S. 

70.  Attendance,  of  counsel. — Whenever  the  head  of  a  department  or  bureau 
gives  the  Attorney  General  due  notice  that  the  interests  of  the  United  States 
require  the  service  of  counsel  upon  the  examination  of  witnesses  touching  any 
claim,  or  upon  the  legal  investigation  of  any  claim,  pending  in  such  department 
or  bureau,  the  Attorney  General  shall  provide  for  such  service. — Sec.  364,  R-  S. 

EXAMINATION   OF  CLAIMS. 

71.  Where  there  has  not  been  an  administrative  examination. — In  the  case  of 
claims  presented  to  an  auditor  which  have  not  had  an  administrative  examina- 
tion, the  auditor  shall  cause  them  to  be  examined  by  two  of  his  subordinates 
independently  of  each  other. — Sec.  14,  act  of  July  31,  1894  (28  8tat.,  210}. 

DECISIONS  BY  AUDITORS. 

72.  Original  constructions  to  be  referred  to  comptroller  for  approval,  modi- 
fication, or  disapproval. — All  decisions  by  auditors  making  an  original  construc- 
tion or  modifying  an  existing  construction  of  statutes  shall  be  forthwith  re- 


16  CLAIMS. 

ported  to  the  Comptroller  of  the  Treasury,  and  items  in  any  account  affected 
by  such  decisions  shall  be  suspended  and  payment  thereof  withheld  until  the 
Comptroller  of  the  Treasury  sliall  approve,  disapprove,  or  modify  such  deci- 
sions, and  certify  his  actions  to  the  auditor.  All  decisions  made  by  the  Comp- 
troller of  the  Treasury  under  this  act  shall  be  forthwith  transmitted  to  the 
auditor  or  auditors  whose  duties  are  affected  thereby. — Sec.  8,  ibid.,  p.  207. 

SETTLEMENT  OP  CLAIMS. 

73.  Public  accounts  to  be  settled  in  the  Department  of  the  Treasury. — All 
claims  and  demands  whatever  by  the  United  States  or  against  them,  and  all 
accounts  whatever  in  which  the  United  States  are  concerned,  either  as  debtors 
or  creditors,  shall  be  settled  and  adjusted  in  the  Department  of  the  Treasury. — 
Sec.  236,  R.  8. 

74.  Where  appropriations  have  lapsed. — It  shall  be  the  duty  of  the  several 
accounting  officers  of  the  Treasury  to  continue  to  receive,  examine,  and  consider 
the  justice  and  validity  of  all  claims  under  appropriations  the  balances  of  which 
have  been  exhausted  or  carried  to  the  surplus  fund  under  the  provisions  of 
said  section  that  may  be  brought  before  them  within  a  period  of  five  years. 
And  the  Secretary  of  the  Treasury  shall  report  the  amount  due  each  claimant, 
at  the  commencement  of  each  session,  to  the  Speaker  of  the  House  of  Repre- 
sentatives, who  shall  lay  the  same  before  Congress  for  consideration :  Provided, 
That  nothing  in  this  act  shall  be  construed  to  authorize  the  reexamination  and 
payment  of  any  claim  or  account  which  has  been  once  examined  and  rejected, 
unless  reopened  in  accordance  with  existing  law. — Sec.  //,  act  of  June  14,  1878 
(20  Stat.,  ISO). 

75._ Accounting  officers  to  settle  claims  of  officers  and  men  in  military  service 
for  private  property  lost  or  destroyed. — That  the  proper  accounting  officers  of 
the  Treasury  be,  and  they  are  hereby,  authorized  and  directed  to  examine  into, 
ascertain,  and  determine  the  value  of  the  private  property  belonging  to  officers 
and  enlisted  men  in  the  military  service  of  the  United  States  which  has  been, 
or  may  hereafter  be,  lost  or  destroyed  in  the  military  service,  under  the  following 
circumstances. — Act  of  Mar.  3,  1885  (23  Stat.,  350). 

76.  When  loss  or  destruction  was  ivithout  fault  or  negligence. — First.  When 
such  loss  or  destruction  was  without  fault  or  negligence  on  the  part  of  the 
claimant. — Ibid. 

77.  When  shipped  by  order  on  unseaworthy  vessels. — Second.    Where  the 
private  property  so  lost  or  destroyed  was  shipped  on  board  an  unseaworthy 
vessel  by  order  of  any  officer  authorized  to  give  such  order  or  direct  such  ship- 
ment.— Ibid. 

78.  When   lost  in  saving   property   of   the    United    States. — Third.      Where 
it  appears  that  the  loss  or  destruction  of  the  private  property  of  the  claimant 
was  in  consequence  of  his  having  given  his  attention  to  the  saving  of  the  prop- 
erty belonging  to  the  United  States  which  was  in  danger  at  the  same  time  and 
under  similar  circumstances. — Ibid. 

79.  Permanent  appropriation  in  an  indefinite  amount. — And  the  amount  of 
such  loss  so  ascertained  and  determined  shall  be  paid  out  of  any  money   in 
the  Treasury  not  otherwise  appropriated,  and  shall  be  in  full  for  nil  su:  h  loss 
or  damage. — Ibid. 


CLAIMS.  17 

80.  To  be  field  as  finally  determined., — Any  claim  which  shall  be  presented 
and  acted  on  under  authority  of  this  act  shall  be  held  as  finally  determined 
and  shall  never  thereafter  be  reopened  or  considered :  And  provided  further, 
That  this  act  shall  not  apply  to  losses  sustained  in  time  of  war  or  hostilities 
with  Indians. — Ibid. 

81.  Liability  limited   to  certain  articles. — The  liability  of  the  Government 
under  this  act  shall  be  limited  to  such  articles  of  personal  property  as  the 
Secretary   of   War,   in   his   discretion,   shall   decide   to   be   reasonably   useful, 
necessary,  and  proper  for  such  officer  or  soldier  while  in  quarters,  engaged  in 
the  public  service  in  the  line  of  duty. — Ibid. 

82.  To  be  presented  within  two  years. — All  claims  now  existing  shall  be  pre- 
sented within  two  years  and  not  after  from  the  passage  of  this  act,  and  all 
such  claims  hereafter  arising  be  presented  within  two  years  from  the  occurrence 
of  the  loss  or  destruction. — Ibid, 

83.  Loss  or  damage  to  regulation  allowance  of  baggage. — The  provisions  of 
the  act  of  March  third,  eighteen  hundred  and  eighty-five  (Twenty-third  Statute, 
page  three  hundred  and  fifty),  entitled  "An  act  to  provide  for  the  settlement 
of  the  claims  of  officers  and  enlisted  men  of  the  Army  for  loss  of  private 
property  destroyed  in  the  military  service  of  the  United  States,"  shall  hereafter  , 
extend  to  cover  loss  of  or  damage  to  the  regulation  allowance  of  baggage  of 
officers  and  enlisted  men  sustained  in  shipment  under  orders,  to  the  extent  of 
such  loss  or  damage  over  and  above  the  amount  recoverable  from  the  carrier 
furnishing  the  transportation. — Act  of  Mar.  4,  1915  (38  Stat.,  1077). 

84.  No  deduction  for  attorneys'  fees. — In  the  settlement  of  claims  of  officers, 
soldiers,  sailors  and  marines,  or  their  representatives,  and   all  other  claims 
for  pay  and  allowances  within  the  jurisdiction  of  the  Auditor  for  the  War 
Department  or   the  Auditor  for   the  Navy   Department,  presented   and   filed 
hereafter  in  which  it  is  the  present  practice  to  make  deductions  of  attorney's 
fees  from  the  amount  found  due,  no  deductions  of  fees  for  attorneys  or  agents 
shall  hereafter  be  made,  but  the  draft,  check,  or  warrant  for  the  full  amount 
found  due  shall  be  delivered  to  the  payee  in  person  or  sent  to  his  bona  fide 
post-office  address   (residence  or  place  of  business). — Act  of  June  6,  1900  (31 
Stat.,  637). 

85.  Settled  claims  not  to  be  reopened. — Nothing  in  this  act  shall  be  construed 
to  authorize  the  reexamination  and  payment  of  any  claim  or  account  which 
has  heretofore  been  disallowed  or  settled. — Sec.  23,  act  of  July  31,  1894   (28 
Stat.,  211). 

86.  Revision  of;  when  permissible. — Any  person  accepting  payment  under 
a  settlement   by   an   auditor   shall   be   thereby   precluded   from   obtaining   a 
revision  of  such  settlement  as  to  any  items  upon  which  pnyment  is  accepted; 
*    *    *    any  person  whose  accounts  may  have  been  settled    *    *    *    may, 
within  a  year,  obtain  a  revision  of  the  said  account  by  the  Comptroller  of  the 
Treasury,  whose  decision  upon  such  revision  shall  be  final  and  conclusive  upon 
the  executive  branch  of  the  Government. — Sec.  8,  act  of  July  31,  1894    (28 
Stat.,  208). 

87.  Repayment  to  certain  States  for  expenses  incurred  in  equipping  volun- 
teers.—-The  Secretary  of  the  Treasury  is  hereby  directed,  out  of  any  money  in 

40392—18 2 


18  CLAIMS. 

the  Treasury  not  otherwise  appropriated,  to  pay  to  the  governor  of  any  State 
or  Territory,  or  to  his  duly  authorized  agents,  the  reasonable  costs,  charges, 
and  expenses  that  have  been  incurred  by  him  in  aiding  the  United  States  to 
raise  the  Volunteer  Army  in  the  existing  War  with  Spain,  by  subsisting,  cloth- 
ing, supplying,  equipping,  paying,  and  transporting  men  of  his  State  or  Terri- 
tory who  were  afterwards  accepted  into  the  Volunteer  Army  of  the  United 
States:  Provided,  That  the  transportation  paid  for  shall  be  only  the  transpor- 
tation of  such  men  from  the  place  of  their  enrollment  for  service  in  the  Volun- 
teer Army  of  the  United  States  to  the  place  of  their  acceptance  into  the  same 
by  the  United  States  mustering  officer,  and  that  the  names  of  the  men  trans- 
ported shall  appear  on  the  muster  rolls  of  the  Volunteer  Army  of  the  United 
States:  And  provided  further.  That  such  claims  shall  be  settled  upon  proper 
vouchers,  to  be  filed  and  passed  upon  by  the  proper  accounting  officers  of  the 
Treasury.— Ac*  of  July  8,  1898  (80  Stat.,  780). 

88.  Interest  not  to  be  refunded. — In  cases  where  the* money  to  pay  said  costs, 
charges,  and  expenses  has  been,  or  may  hereafter  be,  borrowed  by  the  gov- 
ernors or  their  respective  States  or  Territories,  and  interest  is  paid,  or  may 
hereafter  be  paid,  on  the  same,  by  the  governors  or  their  States  or  Territories, 
from  the  time  it  was  or  may  be  so  borrowed  to  the  time  of  its  refundment  by 
the  United  States,  or  thereafter,  such  interest  shall  not  be  refunded  by  the 
United  States ;  nor  shall  any  interest  be  paid  the  governors  or  their  States  or 
Territories  on  the  amounts  paid  out  by  them,  nor  any  other  amount  refunded 
or  paid  than  is  in  this  act  expressly  mentioned. — Ibid. 

89.  Reimbursement  of  States  for  expenses  incurred  in  equipping  volunteers. — 
That  the  act  entitled  "An  act  to  reimburse  the  governors  of  States  and  Terri- 
tories for  expenses  incurred  by  them  in  aiding  the  United  States  to  raise  and 
organize  and  supply  and  equip  the  Volunteer  Army  of  the  United  States  in 
the  existing  War  with  Spain,"  approved  July  eighth,  eighteen  hundred  and 
ninety-eight,  be  so  amended  that  the  Secretary  of  the  Treasury  shall  be,  nnd 
is  hereby,  authorized  to  allow,  in  the  settlement  of  the  claims  of  the  governors 
of  States  and  Territories  for  reimbursement  under  the  provisions  of  the  said 
act,  expenses  incurred  after  as  well  as  before  July  eighth,  eighteen  hundred  and 
ninety-eight— Ac*  of  Mar.  S,  1S99  (SO  Stat.,  1856). 

90.  No  reimbursement  for  members  of  militia,  etc.,  not  accepted  as  of  same 
grade;  compensation. — No  reimbursement  shall  be  made  for  service  of  mem- 
bers of  the  National  Guard,  or  Organized  Militia,  or  Naval  Reserves  of  any 
State  or  Territory  who  were  not  accepted  into  the  Volunteer  Army  of  the 
United  States,  and  no  reimbursement  shall  be  allowed  for  payments  made  to 
any  person  in  excess  of  the  pay  and  allowances  authorized  by  the  laws  of  the 
State  or  Territory  for  the  grade  in  which  he  was  accepted  into  the  Volunteer 
Army  of  the  United  States.    That  the  compensation  allowed  by  the  laws  of  the 
States  and  Territories  to  officers  and  men  of  the  National  Guard,  or  militia, 
or  Naval  Reserves  of  said  States  and  Territories  shall  be  allowed  to  the  States 
nnd  Territories,  or  the  governors  of  the  States  and  Territories,  as  pay  for  such 
officers  and  men  of  said  National  Guard,  or  militia,  or  Naval  Reserves  as  ap- 
peared and  remained  at  the  place  of  muster,  and  who  were  afterwards  received 
into  the  service  of  the  United  States  for  the  period  between  the  date  of  as- 
sembly at  the  rendezvous  and  the  date  they  were  mustered  into  the  United 
States  service.— 11  id. 


CLAIMS.  19 

91.  Rates  of  pay  allowed. — In  all  States  and  Territories  where  no  laws  exist 
for  the  payment  of  the  officers  and  men  of  the  National  Guard,  or  militia,  or  Naval 
Reserves  there  shall  be  allowed  to  said  States  and  Territories,  or  the  governors 
of  said  States  and  Territories,  for  the  officers  the  same  pay  as  allowed  officers  in 
the  Regular  Army  holding  the  same  rank,  and  for  the  men,  one  dollar  per  day, 
for  such  officers  and  men  as  appeared  and  remained  at  the  place  of  muster  and 
were  afterwards  received  into  the  service  of  the  United  States  for  the  period  be- 
tween the  date  of  assembly  at  the  rendezvous  and  the  date  they  were  mustered 
into  the  service  of  the  United  States:  Provided  further.  That  for  all  officers  and 
men  of  the  National  Guard,  or  militia,  or  Naval  Reserves  of  the  States  and 
Territories,  who  appeared  at  the  rendezvous  for  muster,  and  were  rejected  by 
the  medical  examiner  or  mustering  officer,  pay  shall  be  nllowed  for  the  same  to 
the  States  and  Territories  or  the  governors  of  States  and  Territories,  at  the 
several  rates  as  fixed  aforesaid  from  the  date  of  assembly  to  the  date  of  their  re- 
jection:   Provided  further.' That  where  States  and  Territories  have  not  paid 
amounts  to  the  officers  and  men  or  any  part  thereof,  the  pay  allowed  them  by 
this  act,  the  same  shall  be  paid  by  the  States  and  Territories  direct  to  the  offi- 
cers and  men,  and  no  money  allowed  by  this  act  for  officers  and  men  shall 
be  covered  into  the  treasury  of  the  State  or  Territory. — Ibid. 

92.  Transportation  to  State  rendezvous;  no  reimbursement  for  men  not  pre- 
sentina  themselves  or  afterwards  rejected. — Under  the  appropriation  made  by 
said  act  the  Secretary  of  the  Treasury  is  hereby  authorized  to  reimburse  the 
governor  of  any  State  or  Territory  for  reasonable  expenses  incurred  by  him  for 
the  actual  transportation  of  the  members  of  Organized  Militia,  or  National 
Guard,  or  Naval  Reserves  of  his  State  from  the  place  of  company,  battalion, 
or   regimental   rendezvous  to  the   State   rendezvous,   or  place  designated   for 
examination   and   acceptance  of  the  members   of  such   organization   into   the 
Volunteer  Army  of  the  United  States,  and  the  actual  transportation  from  such 
State  rendezvous,  or  such  place  designated  for  examination  and  acceptance,  to 
their  respective  company,  battalion,  or  regimental  rendezvous  of  such  men  us 
were  rejected  by  the  medical  examiner  or  mustering  officer :  Provided,  That  no 
reimbursement  shall  be  made  for  the  transportation  of  any  man  who  did  not 
present  himself  for  enrollment  in  the  Volunteer  Army  of  the  United  States  as 
provided  by  law :  And  provided  further,  That  the  provisions  of  this  section  shall 
apply  also  to  payments  made  by  the  governor  of  any  State  or  Territory  for  the 
actual  transportation  of  individual  volunteers  who  presented  themselves  for 
enrollment  in  the  Volunteer  Army  of  the  United  States  and  who  were  rejected 
by  the  medical  examiner  or  mustering  officer. — Sec.  2,  ibid, 

93.  Subsistence  alloived,  when. — Nothing  in  said  act  of  July  eighth,  eighteen 
hundred  and  ninety-eight,  shall  be  so  construed  as  to  prohibit  the  reimburse- 
ment of  the  governor  of  any  State  or  Territory  for  reasonable  expenses  in- 
curred for  the  subsistence  of  the  members  of  any  organization  of  the  Organized 
Militia  or  National  Guard,  or  Naval  Reserves  of  his  State  or  Territory  after 
having  been  called  out  by  the  governor  on  or  after  April  twenty-fifth,  eighteen 
hundred  and  ninety-eight:  Provided,  That  such  organizations  shall  afterwards 
have  been  accepted  into  the  Volunteer  Army  of  the  United  States. — Sec.  5,  ibid. 

9i.  Unsettled  accounts,  expenses,  etc. — The  expenses  incurred  by  the  gov- 
ernors of  States  in  carrying  out  the  provisions  of  this  act  shall  be  paid 
to  them,  notwithstanding  any  unsettled  accounts,  claims,  or  indebtedness  of  the 
United  States  against  their  States,  and  without  prejudice  to  such  unsettled  ac- 
counts: Provided,  That  when  such  unsettled  account  is  caused  by  a  default  in 


20  CLAIMS. 

payment  of  principal  or  interest  on  any  bonds  or  stock  issued  or  guaranteed 
by  any  State,  the  ownership  of  which  is  vested  in  the  United  States,  the  Sec- 
retary of  the  Treasury  he,  and  he  is  hereby,  authorized  and  directed  to  insti- 
tute any  act  or  proceeding  which  he  may  consider  advisable  against  such  Slate 
or  its  representatives  to  secure  the  payment  of  the  principal  and  interest  of 
said  bonds  or  stocks:  Ami  i>rori<Jal  further.  Thai  where  the  governor  of  any 
State  or  Territory,  or  any  officer  of  the  Army  detailed  as  mustering  oilicer  of 
volunteers,  or  any  commander  of  a  company  or  companies,  or  troop  or  troops,  or 
battery,  or  battalion,  or  regiment,  or  brigade,  has  purchased  or  authorized  the 
purchase  of  supplies  or  equipments,  or  incurred  any  necessary  expense  for  the 
comfort  of  the  men  in  camp  or  rendezvous,  and  said  supplies  were  used  and 
equipments  were  subsequently  taken  into  the  United  States  service  by  said 
volunteers,  and  no  receipts  given  to  such  military  officer,  the  certificate  to  that 
effect  of  the  governor  of  the  State  or  Territory  to  which  the  volunteers  be- 
longed shall  be  held  sufficient  to  authorize  the  settlement  and  payment  of  such 
account  on  investigation,  if  the  Treasury  Department  shall  be  satisfied  of  the 
fact  of  such  purchase  of  such  equipment  and  supplies,  or  that  such  necessary  ex- 
penses were  incurred  and  such  use  of  such  supplies,  or  such  taking  of  such 
equipments  into  the  United  States  service,  and  the  voucher  or  vouchers  of  said 
officers  be  produced  by  said  governor, — Sec.  b,  ibid. 

95.  Payment  of  accounts  for  transportation  of  troops,  etc. — That  the  Secre- 
tary of  the  Treasury  be,  and  is  hereby,  authorized  to  pay,  out  of  any  money  in 
the  Treasury  not  otherwise  appropriated,  the  just  and  proper  account  or  claim 
of  any  railroad,  transportation  company,  or  person  for  transportation  of  men 
or  troops  from  place  of  enrollment  to  point  of  rendezvous,  furnished  at  the 
request  of  the  Quartermaster  General  of  the  Army  or  his  agents,  or  at  the  re- 
quest of  any  United  States  mustering  officer  or  other  officer  authorized  by  the 
Secretary  of  War  to  enroll,  muster,  or  mobilize  volunteers  for  the  War  with 
Spain ;  and  also  to  pay  such  just  and  proper  accounts  as  may  be  presented  for 
transportation  back  from  point  of  rendezvous  to  place  of  enrollment  of  men 
who  volunteered  and  were  rejected  by  the  medical  examiner  or  mustering  offi- 
cer :  Provided,  That  the  amount  allowed  and  paid  for  such  transportation  shall 
not  be  in  excess  of  the  rates  charged  for  transporting  troops  of  the  United 
States  under  like  circumstances.      All  claims  under  the  provision  of  this  act 
must  be  filed  in  the  office  of  the  Auditor  for  the  War  Department,  and  must 
be  supported  by  proper  vouchers  or  other  conclusive  evidence  of  interest. — 
Sec.  5,  ibid. 

96.  To  be  itemized;  limit  of  time  for  presenting. — All  claims  for  reimburse- 
ment under  this  act  or  the  act  of  July  eighth,  eighteen  hundred  and  ninety- 
eight,  shall  be  presented  in  itemized  form  to  the  Treasury  Department  on  or 
before    January    first,    nineteen    hundred    and    two,    or    be    forever    barred. — 
Sec.  6,  ibid. 

NOTES. — 1.  Upon  the  question  of  compromise  of  claims  against  the  United  States, 
where  adjustment  is  before  executive  officials,  see  cases  of  Sweeney  v.  U.  S.,  17  Wall., 
75,  77  ;  Mason  .v.  U.  8.,  id.,  67. 

2.  The  filing  of  claims  under  authority  of  several  of  the  acts  of  Congress  are  now 
barred  by  time  limitation.  Under  sections  300A  and  300B,  Revised  Statutes,  the  Quarter- 
master General  and  Commissary  General  were  authorized  to  pass  upon  the  merits  of 
certain  claims  of  loyal  citizens  for  property  furnished  to  the  Army  during  the  War  of 
the  Rebellion.  This  jurisdiction  was  withdrawn  by  the  acts  of  March  3,  1883  (22  Stat., 
457  and  485).  Sections  3482  to  3487,  Revised  Statutes,  provided  for  the  reimbursement 
of  officers  and  men  for  horses  and  other  private  property  lost  in  the  military  service. 


CLAIMS.  21 

The  scope  was  changed  by  several  subsequent  acts,  and  finally  became  inoperative  as  to 
general  claims  on  August  13.  1889,  and  as  to  horses  lost  during  the  rebellion  on  August 
13,  1891.  The  time  for  filing  claims  under  the  act  of  June  6,  1900,  with  reference  to 
private  property  taken  and  used  in  the  military  service  within  the  limits  of  the  United 
States  during  the  Spanish  War.  was  limited  to  January  1,  1901.  By  section  3489,  Re- 
vised  Statutes,  it  is  provided  that  no  claims  against  the  United  States  for  collecting, 
drilling,  or  organizing  volunteers  for  the  War  of  the  Rebellion  shall  be  paid  undess  pre- 
sented before  June  30,  1874,  nor  for  horses  lost  prior  to  January  1,  1872,  unless  presented 
before  June  30,  1874.  Under  the  act  of  February  27,  1902,  the  Quartermaster  General 
was  authorized  to  investigate  claims  for  horses,  etc.,  taken  from  Confederates  in  violation 
of  the  terms  of  surrender,  but  the  limitation  of  time  for  filing  such  claims  as  finally 
extended  by  the  joint  resolution  of  June  25,  1910  (36  Stat.,  883),  was  June  25,  1912. 

97.  Damages  or  loss  of  private  property  due  to  target  practice,  etc.i — For 
payment  of  claims  for  damages  to  and  loss  of  private  property  incident  to  the 
training,  practice,  and  operations  of  the  Army  that  have  accrued,  or  may  hereafter 
accrue,  from  time  to  time,  to  be  immediately  available  and  to  remain  available 
until  expended:  Provided,  That  settlement  of  such  claims  shall  be  made  by  the 
Auditor  for  the  War  Department,  upon  the  approval  and  recommendation  of 
the  Secretary  of  WMP,  where  the  amount  of  damages  has  been  ascertained  by 
the  War  Department,  and  payment  thereof  will  be  accepted  by  the  owners  of 
the  property  in  full  Satisfaction  of  such  damages.    *    *    *.—Ac1  of  Auff.  29,  J91G 
(39  Ktat.,  639).     (Ree  annual  appropriation  acts.) 

98.  Duplicate  certificate  of  discharge  not  accepted  as  a  voucher  in  settlement 
of  claims. — Whenever  satisfactory  proof  shall  be  furnished  to  the  War  Depart- 
ment that  any  officer  or  enlisted  man  who  has  been  or  shall  hereafter  be  honor- 
ably  discharged   from  the  military  service  of  the  United   States  has  lost  his 
certificate  of  discharge,  or  the  same  has  been  destroyed  without  his  privity  or 
procurement,  the  Secretary  of  War  shall  be  authorized  to  furnish  to  such  officer 
or  enlisted  man,  or  to  the  widow  of  such  officer  or  enlisted  man,  a  certificate 
of  such   discharge,  to  be   indelibly   marked,   so  that  it  may  be  known   as  a 
certificate  in  lieu  of  a  lost  or  destroyed  discharge :  Provided,  That  such  certifi- 
cate shall  not  be  accepted  as  a  voucher  for  the  payment  of  any  claim  against 
the  United  States  for  pay,  bounty,  or  other  allowance,  or  as  evidence  in  any 
other  case.— Act  of  July  1,  1902  (32  8tnt.t 


NOTES. — 1.  Upon  the  question  of  compromise  of  claims  against  the  United  States, 
where  adjustment  is  before  executive  officials,  see  cases  of  Sweeney  «.  U.  S.,  17  Wall., 
75,  77  ;  Mason  v.  U.  S.,  id.,  67. 

2.  The  filing  of  claims  under  authority  of  several  of  the  acts  of  Congress  is  now 
barred  by  time  limitation.  Under  sections  300A  and  300B,  Revised  Statutes,  the  Quarter- 
master General  and  Commissary  General  were  authorized  to  pass  upon  the  merits  of 
certain  claims  of  loyal  citizens  for  property  furnished  to  the  Army  during  the  War  of 
the  Rebellion.  This  jurisdiction  was  withdrawn  by  the  acts  of  March  3,  1883  (22  Stat.. 
457  and  485).  Sections  3482  to  3487,  Revised  Statutes,  provided  for  the  reimbursement 
of  officers  and  men  for  horses  and  other  private  property  lost  in  the  military  service. 
The  scope  was  changed  by  several  subsequent  acts,  and  finally  became  inoperative  as  to 
general  claims  on  August  13,  1889,  and  as  to  horses  lost  during  the  rebellion  on  August 
13,  1891.  The  time  for  filing  claims  under  the  act  of  June  6,  1900,  with  reference  to 
private  property  taken  and  used  in  the  military  service  within  the  limits  of  the  United 
States  during  the  Spanish  War,  was  limited  to  January  1,  1901.  By  section  3489,  Re- 
vised Statutes,  it  is  provided  that  no  claims  against  the  United  States  for  collecting, 
drilling,  or  organizing  volunteers  for  the  War  of  the  Rebellion  shall  be  paid  unless  pre- 
sented before  June  30,  1874,  nor  for  horses  lost  prior  to  January  1,  1872,  unless  presented 
before  June  30,  1874.  Under  the  act  of  February  27,  1902,  the  Quartermaster  General 
was  authorized  to  investigate  claims  for  horses,  etc.,  taken  from  Confederates  in  violation 
of  the  terms  of  surrender,  but  the  limitation  of  time  for  filing  such  claims  as  finally 
oxt.-nded  by  the  joint  resolution  of  June  25,  1910  (36  Stat.,  883),  was  June  25.  1912. 


22  CLAIMS. 

SET-OFF. 

09.  Amount  of  debt  due  the  United  States  to  be  withheld  by  Secretary  of 
Treasury  in  i>ayin<t  jiuli/mcnts,  r/r..  of  debtor  df/aiiixt  United  States.  —  When 
any  final  judgment  recovered  against  the  I'nited  States  or  other  claim  duly 
allowed  by  legal  -authority  shall  be  presented  to  the  Secretary  of  the  Treasury 
for  payment,  and  the  plaintiff  or  claimant  therein  shall  be  indebted  to  the 
United  States  in  any  manner,  whether  as  principal  or  surety,  it  shall  be  the 
duty  of  the  Secretary  to  withhold  payment  of  an  amount  of  such  judgment  or 
claim  equal  to  the  debt  thus  due  to  the  United  States.  —  Act  of  Mar.  3,  1875  (18 
Stat., 


100.  Secretary  to  execute  discharge;  when.  —  If  such  plaintiff  or  claimant 
assents  to  such  set-off  and  discharges  his  judgment  or  an  amount  thereof  equal 
to  said  debt  or  claim,  the  Secretary  shall  execute  a  discharge  of  the  debt  due 
from  the  plaintiff  to  the  United  States.  —  Ibid. 

101.  Additional  amount  to  be  withheld  when  claimant  denies  debt.  —  But  if 
such  plaintiff  or  claimant  denies  his  indebtedness  to  the  United   States,  or 
refuses  to  consent  to  the  set-off,  then  the  Secretary  shall  withhold  payment  of 
such  further  amount  of  such  judgment  or  claim  as  in  his  opinion  will  be  suffi- 
cient to  cover  all  legal  charges  and  costs  in  prosecuting  the  debt  of  the  United 
States  to  final  judgment.  —  Ibid. 

102.  Duty  of  Secretary  to  sue  on  debt.  —  And  if  such  debt  is  not  already  in 
suit,  it  shall  be  the  duty  of  the  Secretary  to  cause  legal  proceedings  to  be  imme- 
diately commenced  to  enforce  the  same,  and  to  cause  the  same  to  be  prosecuted 
to  final  judgment  with  all  reasonable  dispatch.  —  Ibid. 

103.  Balance;  how  paid  to  claimant.  —  And  if  in  such  action  judgment  shall 
be  rendered  against  the  United  States,  or  the  amount  recovered  for  debt  and 
costs  shall  be  less  than  the  amounts  so  withheld,  as  before  provided,  the  bal- 
ance shall  then  be  paid  over  to  such  plaintiff  by  such  Secretary,  with  six  per 
cent  interest  thereon  for  the  time  it  has  been  withheld  from  the  plaintiff.  —  Ibid. 

PRIORITY  OF  UNITED  STATES. 

10  i.  Priority  established.  —  Whenever  any  person  indebted  to  the  United 
States  is  insolvent,  or  whenever  the  estate  of  any  deceasel  debtor,  in  the  hands 
of  the  executors  or  administrators,  is  insufficient  to  pay  all  the  debts  due  from 
the  deceased,  the  debts  due  to  the  United  States  shall  be  first  satisfied  ;  and  the 
priority  hereby  established  shall  extend  as  well  to  cases  in  which  a  debtor,  not 
having  sufficient  property  to  pay  all  his  debts,  makes  a  voluntary  assignment 
thereof,  or  in  which  the  estate  and  effects  of  an  absconding,  concealed,  or  absent 
debtor  are  attached  by  process  of  law,  as  to  cases  in  which  an  act  of  bank- 
ruptcy is  committed.  —  Sec.  8466,  R.  S. 

LIABILITY  OF  EXECUTORS. 

106.  Payment  of  debts  before  debts  due  to  the  United  States  are  satisfied.  — 
Every  executor,  administrator,  or  assignee,  or  other  person,  who  pays  any  debt 
due  by  the  person  or  estate  from  whom  or  for  which  he  acts,  before  he  satisfies 
and  pays  the  debts  due  to  the  United  States  from  such  person  or  estate,  shall 
become  answerable  in  his  own  person  and  estate  for  the  debts  so  due  to  the 
United  States,  or  for  so  much  thereof  as  may  remain  due  and  unpaid.  — 
See.  8467,  R.  8. 


CLAIMS.  23 

PRIORITY  OF  SURETIES. 

106.  Payment  of  amount  due  on  the  bond  of  an  insolvent  principal. — When- 
ever the  principal  in  any  bond  given  to  the  United  States  is  insolvent,  or  when- 
ever such  principal  being  deceased,  his  estate  and  effects  which  come  to  the 
hands  of  the  executor,  administrator,  or  assignee  are  insufficient  for  the  pay- 
ment of  his  debts,  and,  in  either  of  such  cases,  any  security  on  the  bond,  or  the. 
executor,  administrator,  or  assignee  of  surety  pays  to  the  United  States  the- 
money  due  upon  such  bond,  such  surety,  his  executor,  administrator,  or  assignee 
shall  have  the  like  priority  for  the  recovery  and  receipt  of  the  moneys  out  of" 
the  estate  and  effects  of  such  insolvent  or  deceased  principal  as  is  secured  to* 
the  United  States,  and  may  bring  and  maintain  a  suit  upon  the  bond,  in  law  or 
equity,   in   his   own   name,   for   the   recovery   of   all'  moneys  paid   thereon. — 
Sec.  8468,  R.  S. 

REPORTS  TO  BE  MADE  TO  CONGRESS. 

107.  Amount  due,  where  claims  have  ~been  allowed. — The  Secretary  of  the 
Treasury  shall,  at  the  commencement  of  each  session  of  Congress,  report  the 
amount  due  each  claimant  whose  claim  has  been  allowed  in  whole  or  in  part 
to  the  Speaker  of  the  House  of  Representatives  and  the  presiding  officer  of  the 
Senate,  who  shall  lay  the  same  before  their  respective  Houses  for  considera- 
tion.—Sec.  2,  act  of  July  7,  1884  (%$  Stat.,  254). 

108.  Losses  of  or  damages  to  private  property. — Hereafter  the  Secretary  of 
War  is  authorized  to  consider,  ascertain,  adjust,  and  determine  the  amounts  due 
on  all  claims  for  damages  to  and  loss  of  private  property  when  the  amount  of 
the  claim  does  not  exceed  the  sum  of  one  thousand  dollars,  occasioned  by  heavy 
gun  fire  and  target  practice  of  troops,  and  for  damages  to  vessels,  wharves,  and 
other  private  property,  found  to  be  due  to  maneuvers  or  other  military  opera- 
tions for  which  the  Government  is  responsible,   and  report  the  amounts  so 
ascertained  and  determined  to  be  due  the  claimants  to  Congress  at  each  session 
thereof  through  the  Treasury  Department  for  payment  as  legal  claims  out  of 
appropriations  that  may  be  made  by  Congress  therefor. — Sec.  1,  act  of  Aug. 
24,  1912  (87  Stat.,  586). 

JURISDICTION    OF  DISTRICT   COURTS. 

109.  Claims  not  exceeding  ten  thousand  dollars. — Concurrent  with  the  Court 
of  Claims,  of  all  claims  not  exceeding  ten  thousand  dollars  founded  upon  the 
Constitution  of  the  United  States  or  any  law  of  Congress,  or  upon  any  regula- 
tion of  any  executive  department,  or  upon  any  contract,  express  or  implied, 
with  the  Government  of  the  United  States,  or  for  damages,  liquidated  or  un- 
liquidated, in  cases  not  sounding  in  tort,  in  respect  to  which  claims  the  party 
would  be  entitled  to  redress  against  the  United  States,  either  in  a  court  of 
law,  equity,  or  admiralty,  if  the  United  States  were  suable,  and  of  all  set-offs, 
counterclaims,   claims   for   damages,    whether   liquidated   or   unliquidated,   or 
other  demands  whatsoever  on  the  part  of  the  Government  of  the  United  States 
against  any  claimant  against  the  Government  in  said  court. — Sec.  24,  par.  20, 
act  of  Mar.  8,  1911  (36  Stat.,  1093). 

110.  War  claims  and  others  excepted. — Nothing  in  this  paragraph  shall  be 
construed  as  giving  to  either  the  district  courts  or  the  Court  of  Claims  juris- 
diction to  hear  and  determine  claims  growing  out  of  the  late  Civil  War,  and 
commonly  known   as   "war  claims,"   or  to  hear  and  determine  other  claims 

49392* 


24  CLAIMS. 

which  have  been  rejected  or  reported  on  adversely  prior  to  the  third  day  of 
March,  eighteen  hundred  and  eighty-seven,  by  any  court,  department,  or  com- 
mission authorized  to  hear  and  determine  the  same,  or  to  hear  and  determine 
claims  for  pensions;  or  as  giving  to  the  district  courts  jurisdiction  of  cases 
brought  to  recover  fees,  salary,  or  compensation  for  official  services  of  officers 
of  the  United  States  or  brought  for  such  purpose  by  persons  claiming  as  such 
officers  or  as  assignees  or  legal  representatives  thereof;  but  no  suit  pending 
on  the  twenty-seventh  day  of  June,  eighteen  hundred  and  ninety-eight,  shall 
abate  or  be  affected  by  this  provision.  —  Ibid. 

111.  Suits  to  be  brought  within  six  years.  —  That  no  suit  against  the  Govern- 
ment of  the  United  States  shall  be  allowed  under  this  paragraph  unless  the 
same  shall  have  been  brought  within  six  years  after  the  right  accrued  for 
which  the  claim  is  made.  —  Ibid. 

112.  Rights  of  married  women,  minors,  etc.  —  Claims  of  married  women,  first 
accrued  during  marriage,  of  persons  under  the  age  of  twenty-one  years,  first 
accrued  during  minority,  and  of  idiots,  lunatics,  insane  persons,  and  persons 
beyond  the  seas  at  the  time  the  claim  accrued,  entitled  to  the  claim,  shall 
not  be  barred  if  the  suit  be  brought  within  three  years  after  the  disability  has 
ceased;    but   no   other   disability   than   those   enumerated   shall   prevent   any 
claim  from  being  barred,  nor  shall  any  of  the  said  disabilities  operate  cumu- 
latively. —  Ibid. 

113.  To  be  tried  without  a  jury.  —  All  suits  brought  and  tried  under  the  pro- 
visions of  this  paragraph  shall  be  tried  by  the  court  without  a  jury.  —  Ibid. 

NOTE.  —  Like  jurisdiction  is  conferred  upon  the  Supreme  Court  of  the  District  of 
Columbia  (sec.  61  of  Code  for  D.  C.,  act  of  Mar.  3,  1901),  the  District  Court  of  the 
United  States  for  Porto  Rico  (act  of  Apr.  12,  1900,  31  Stat,  84),  District  Court  for  the 
District  of  Alaska  (act  of  Mar.  3,  1909,  35  Stat.,  839),  and  the  District  Court  of  Hawaii 
(act  of  Apr.  30,  1900,  31  Stat.,  158).  There  is  no  Federal  court  in  the  Philippinu 
Islands. 

APPELLATE  JURISDICTION   OF  CIRCUIT  COURT  OF  APPEALS. 

114.  To  review  by  appeal  or  writ  of  error  final  decisions  in  district  courts, 
etc.  —  The   circuit   courts   of   appeals   shall   exercise   appellate   jurisdiction   to 
review  by  appeal  or  writ  of  error  final  decisions  in  the  district  courts,  including 
the  United  States  district  court  for  Hawaii  in  all  cases  other  than  those  in 
which  appeals  and  writs  of  error  may  be  taken  direct  to  the  Supreme  Court, 
as  provided  in  section  two  hundred  and  thirty-eight,  unless  otherwise  provided 
by  law;  and,  except  as  provided  in  sections  two  hundred  and  thirty-nine  and 
two  hundred  and  forty,  the  judgments  and  decrees  of  the  circuit  courts  of 
appeals  shall  be  final  in  all  cases  in  which  the  jurisiction  is  dependent  entirely 
upon  the  opposite  parties  to  the  suit  or  controversy  being  aliens  and  citizens 
of  the  United  States,  or  citizens  of  different  States  :     *     *     *     .  —  Sec.  128,  act 
of  Mar.  3,  1911  (36  Stat., 


115.  Same.  —  Writs  of  error  and  appeals  from  supreme  courts  of  Hawaii  and 
Porto  Rico.  —  Writs  of  error  and  appeals  from  the  final  judgments  and  decrees 
of  the  supreme  courts  of  the  Territory  of  Hawaii  and  of  Porto  Rico,  wherein  the 
amount  involved,  exclusive  of  costs,  to  be  ascertained  by  the  oath  of  either 
party  or  of  other  competent  witnesses,  exceeds  the  value  of  $5,000,  may  be 
taken  and  prosecuted  in  the  circuit  courts  of  appeals.  —  Sec.  2,  act  of  Jan.  28, 
1915  (38  Stat.,  804). 


CLAIMS.  25 

116.  Jurisdiction   of   Court   of  Claims   and  matters   relating   thereto. — Sec. 
145:  The  Court  of  Claims  shall  have  jurisdiction  to  hear  and  determine  the 
following  matters.— Act  of  Mar.  3,  1911   (36  Stat.,  1136). 

117.  Claims  on  contracts;  damages,  not  sounding  in  tort. — First.  All  claims 
(except  for  pensions)  founded  upon  the  Constitution  of  the  United  States  or 
any  law  of  Congress,  upon  any  regulation  of  an  executive  department,  upon 
any  contract,  express  or  implied,  with  the  Government  of  the  United  States,  or 
for  damages,   liquidated   or   unliquidated,    in   cases   not   sounding  in   tort,    in 
respect  of  which  claims  the  party  would  be  entitled  to  redress  against  the 
United  States  either  in  a  court  of  law,  equity,  or  admiralty   if  the  United 
States  were  suable. — Ibid. 

118.  War  claims,  etc.,  barred. — Nothing  in  this  section  shall  be  construed 
as  giving  to  the  said  court  jurisdiction  to  head  and  determine  claims  growing 
out  of  the  late  Civil  War,  and  commonly  known  as  "  war  claims,"  or  to  hear 
and  determine  other  claims   which,   prior   to  March   third,   eighteen   hundred 
and  eighty-seven,  had  been  rejected  or  reported  on  adversely  by  any  court, 
department,  or  commission  authorized  to  hear  and  determine  the  same. — Ibid. 

119.  Jurisdiction  hereafter  not  to  include  war  claims. — That  from  and  after 
the  passage  and  approval  of  this  act  the  jurisdiction  of  the  Court  of  Claims 
shall  not  extend  to  or  include  any  claim  against  the  United  States  based  upon 
or  growing  out  of  the  destruction  of  any  property  or  damage  done  to  any 
property  by  the  military  or  naval  forces  of  the  United  States  during  the  war 
for  the  suppression  of  the  rebellion;  nor  to  any  claim  for  stores  and  supplies 
taken  by  or  furnished  to  or  for  the  use  of  the  military  or  naval  forces  of  the 
United  States;  nor  to  any  claim  for  the  value  of  any  use  and  occupation  of 
any  real  estate  by  the  military  or  naval  forces  of  the  United  States  during 
said  war ;  nor  shall  said  Court  of  Claims  have  jurisdiction  of  any  claim  which 
is  now  barred  by  the  provisions  of  any  law  of  the  United  States. — Sec.  5,  act 
of  Mar.  4,  1915  (38  Stat.,  996). 

120.  Counterclaims,  etc.,  restriction  on  suits  for  official  services. — Second. 
All  set-offs,  counterclaims,  claims  for  damages,  whether  liquidated  or  unliqui- 
dated, or  other  demands  whatsoever  on  the  part  of  the  Government  of  the 
United   States  against  any  claimant  against  the  Government  in  said  court: 
Provided,  That  no  suit  against  the  Government  of  the  United  States,  brought 
by  any  officer  of  the  United  States  to  recover  fees  for  services  alleged  to  have 
been  performed  for  the  United   States,   shall  be  allowed  under  this  chapter 
until  an  account  for  said  fees  shall  have  been  rendered  and  finally  acted  upon 
as  required  by  law,  unless  the  proper  accounting  officer  of  the  Treasury  fails 
to  act  finally  thereon  within  six  months  after  the  account  is  received  in  said 
office.— Act  of  Mar.  3,  1911  (36  Stat.,  1137). 

121.  Losses    by   disbursing   officers. — Third.  The   claim   of   any   paymaster, 
quartermaster,  commissary  of  subsistence,  or  other  disbursing  officer  of  the 
United  States,  or  of  his  administrators  or  executors,  for  relief  from  responsi- 
bility on  account  of  loss  by  capture  or  otherwise,  while  in  the  line  of  his  duty, 
of  Government  funds  vouchers,  records,  or  papers  in  his  charge,  and  for  which 
such  officer  was  and  is  held  responsible.  — Ibid. 


26  CLAIMS. 

JURISDICTION   OF   COURT   OF   CLAIMS   AND   MATTERS   RELATING   THERETO. 

122.  Determination  of  counterclaims,  etc.;  enforcement  of  judgment  against 
claimant. — Upon  the  trial  of  any  cause  in  which  any  set-off,  counterclaim,  claim 
for  damages,  or  other  demand  is  set  up  on  the  part  of  the  Government  against 
any  person  making  claim  against  the  Government  in  said  court,  the  court  shall 
hear  and  determine  such  claim  or  demand  both  for  and  against  the  Government 
and  claimant ;  and  if  upon  the  whole  case  it  finds  that  the  claimant  is  indebted 
to  the  Government  it  shall  render  judgment  to  that  effect,  and  such  judgment 
shall  be  final,  with  the  right  of  appeal,  as  in  other  cases  provided  for  by  law. 
Any  transcript  of  such  judgment,  filed  in  the  clerk's  office  of  any  district  court, 
shall  be  entered  upon  the  records  thereof  and  shall  thereby  become  and  be  a 
judgment  of  such  court  and  be  enforced  as  other  judgments  in  such  court  are 
enforced. — Sec.  146,  ibid. 

123.  Decree  on  accounts  of  disbursing  officers.. — Whenever  the  Court  of  Claims 
ascertains  the  facts  of  any  loss  by  any  paymaster,  quartermaster,  commissary 
of  subsistence,  or  other  disbursing  officer,  in  the  cases  hereinbefore  provided,  to 
have  been  without  fault  or  negligence  on  the  part  of  such  officer,  it  shall  make  a 
decree  setting  forth  the  amount  thereof,  and  upon  such  decree  the  proper  ac- 
counting officers  of  the  Treasury  shall  allow  to  such  officer  the  amount  so 
decreed  as  a  credit  in  the  settlement  of  his  accounts. — Sec.  147,  ibid. 

124.  Claims  referred  by  departments;  findings  to  be  reported. — When  any 
claim  or  matter  is  pending  in  any  of  the  executive  departments  which  involves 
controverted  questions  of  fact  or  law,  the  head  of  such  department  may  transmit 
the  same,  with  the  vouchers,  papers,  documents,  and  proofs  pertaining  thereto,  to 
the  Court  of  Claims,  and  the  same  shall  be  there  proceeded  in  under  such  rules 
as  the  court  may  adopt.    When  the  facts  and  conclusions  of  law  shall  have  been 
found,  the  court  shall  report  its  findings  to  the  department  by  which  it  was 
transmitted  for  its  guidance  and  action. — Sec.  148,  ibid. 

125.  Judgments  in  certain   cases;   transmittal  of  vouchers,   papers,   etc. — 
If  it  shall  have  been  transmitted  with  the  consent  of  the  claimant,  or  if  it  shall 
appear  to  the  satisfaction  of  the  court  upon  the  facts  established,  that  under 
existing  laws  or  the  provisions  of  this  chapter  it  has  jurisdiction  to  render  judg- 
ment or  decree  thereon,  it  shall  proceed  to  do  so,  in  the  latter  case  giving  to 
either  party  such  further  opportunity  for  hearing  as  in  its  judgment  justice  shall 
require,  and  shall  report  its  findings  therein  to  the  department  by  which  the 
same  was  referred  to  said  court.    The  Secretary  of  the  Treasury  may,  upon  the 
certificate  of  any  auditor,  or  of  the  Comptroller  of  the  Treasury,  direct  any  claim 
or  matter  of  which,  by  reason  of  the  subject  matter  or  character,  the  said  court 
might  under  existing  laws  take  jurisdiction  on  the  voluntary  action  of  the  claim- 
ant to  be  transmitted,  with  all  the  vouchers,  papers,  documents,  and  proofs  per- 
taining thereto,  to  the  said  court  for  trial  and  adjudication. — Ibid. 

126.  Procedure  in  cases  transmitted  by  departments,  etc. — All  cases  trans- 
mitted by  the  head  of  any  department,  or  upon  the  certificate  of  any  auditor, 
or  of  the  Comptroller  of  the  Treasury,  according  to  the  provisions  of  the  preced- 
ing section,  shall  be  proceeded  in  as  other  cases  pending  in  the  Court  of  Claims, 
and  shall,  in  all  respects,  be  subject  to  the  same  rules  and  regulations. — Sec. 
J.',9,  ibid.,  p.  1138. 


CLAIMS.  27 

127.  Payment  of  judgments. — The  amount  of  any  final  judgment  or  decree 
rendered  in  favor  of  the  claimant,  in  any  case  transmitted  to  the  Court  of 
Claims  under  the  two  preceding  sections,  shall  be  paid  out  of  any  spec'fic  appro- 
priation applicable  to  the  case,  if  any  such  there  be,  and  where  no  such  appro- 
priation exists  the  judgment  or  decree  shall  be  paid  in  the  same  manner  as 
other  judgments  of  the  said  court. — Sec.  150,  ibid. 

128.  Claims  referred  by  Congress:  report  of  facts,  conclusions,  etc. — When- 
ever any  bill,  except  for  a  pension,  is  pending  in  either  House  of  Congress  pro- 
viding for  the  payment  of  a  cla,im  against  the  United  States,  legal  or  equitable, 
or  for  a  grant,  gift,  or  bounty  to  any  person,  the  House  in  which  such  bill  is 
pending  may,  for  the  investigation  and  determination  of  facts,  refer  the  same 
to  the  Court  of  Claims,  which  shall  proceed  with  the  same  in  accordance  with 
such  rules  as  it  may  adopt  and  report  to  such  House  the  facts  in  the  case  and 
the  amount,  where  the  same  can  be  1'quidated,  including  any  facts  bearing 
upon  the  question  whether  there  has  been  delay  or  laches  in  presenting  such 
claim  or  applying  for  such  grant,  gift,  or  bounty,  and  any  facts  bearing  upon 
the  question  whether  the  bar  of  any  statute  of  limitation  should  be  removed  or 
which  shall  be  claimed  to  excuse  the  claimant  for  not  having  resorted  to  any 
established  legal  remedy,  together  with  such  conclusions  as  shall  be  sufficient 
to  inform  Congress  of  the  nature  and  character  of  the  demand,  either  as  a 
claim,  legal  or  equitable,  or  as  a  gratuity  against  the  United  States,  and  the 
amount,  if  any,  legally  or  equitably  due  from  the  United  States  to  the  claim- 
ant.— Sec.  151,  ibid. 

129.  Further  hearings,  etc. — If  it  shall .  appear  to  the  satisfaction  of  the 
court  upon  the  facts  established  that  under  existing  laws  or  the  provisions  of 
this  chapter,  the  subject  matter  of  the  bill  is  such  that  it  has  jurisdiction  to 
render  judgment  or  decree  thereon,  it  shall  proceed  to  do  so,  giving  to  either 
party  such  further  opportunity  for  hearing  as  in  its  judgment  justice  shall 
require,  and  it  shall  report  its  proceedings  therein  to  the  House  of  Congress  by 
which  the  same  was  referred  to  said  court. — Ibid. 

130.  Allowance   of  costs    to   prevailing  party. — If   the   Government   of   the 
United  States  shall  put  in  issue  the  right  of  the  plaintiff  to  recover,  the  court 
may,  in  its  discretion,  allow  costs  to  the  prevailing  party  from  the  time  of 
joining  such  issue.     Such  costs,  however,  shall  include  only  what  is  actually 
incurred  for  witnesses,  and  for  summoning  the  same,  and  fees  paid  to  the  clerk 
of  the  court. — Sec.  152,  ibid. 

181.  Treaty  claims  barred. — The  jurisdiction  of  the  said  court  shall  not  ex- 
tend to  any  claim  against  the  Government  not  pending  therein  on  December 
first,  eighteen  hundred  and  sixty-two,  growing  out  of  or  dependent  on  any 
treaty  stipulation  entered  into  with  foreign  nations  or  with  the  Indian  tribes. — 
Sec.  153,  ibid. 

132.  Claims  pending  in  other  courts  excluded. — No  person  shall  file  or  prose- 
cute in  the  Court  of  Claims,  or  in  the  Supreme  Court  on  appeal  therefrom,  any 
claim  for  or  in  respect  to  which  he  or  any  assignee  of  his  has  pending  in  any 
other  court  any  suit  or  process  against  any  person  who,  at  the  time  when  the 
cause  of  action  alleged  in  such  suit  or  process  arose,  was,  in  respect  thereto 
acting  or  professing  to  act,  mediately  or  immediately  under  the  authority  of  the 
United  States. — Sec  154,  ibid. 


28  CLAIMS. 

133.  Reciprocal  rights  to  aliens. — Aliens  who  are  citizens  or  subjects,  of  any 
Government  which  accords  to  citizens  of  the  United  States  the  right  to  prosecute 
claims  against  such  Government  in  its  courts  shall  have  the  privilege  of  prose- 
cuting claims  against  the  United  States  in  the  Court  of  Claims,  whereof  such 
court,  by  reason  of  their  subject  matter  and  character,  might  take  jurisdiction.— 
Sec.  155,  ibid.,  p.  1139. 

134.  Fili  up   of -with  in    W.r   years. — Every   claim   against   the   United   States 
cognizable  by  the  Court  of  Claims,  shall  be  forever  barred  unless  the  petition 
setting  forth  a  statement  thereof  is  filed  in  the  court,  or  transmitted  to  it  by  the 
Secretary  of  the  Senate  or  the  Clerk  of  the  House  of  Representatives,  as  pro- 
vided by  law,  within  six  years  after  the  claim  first  accrues. — Sec.  156,  ibid. 

135.  Rig  fit  s  of  married  women,  minors,  etc., — The  claims  of  married  women, 
first  accrued  during  marriage ;  of  persons  under  the  age  of  twenty -one  years,  first 
accrued  during  minority ;  and  of  idiots,  lunatics,  insane  persons,  and  persons 
beyond  the  seas  at  the  time  the  claim  accrued,  entitled  to  the  claim,  shall  not 
be  barred  if  the  petition  be  filed  in  the  court  or  transmitted  as  aforesaid,  within 
three  years  after  the  disability  has  ceased  ;  but  no  other  disability  than  those 
enumerated  shall  prevent  any  claim  from  being  barred,  nor  shall  any  of  the 
said  disabilities  operate  cumulatively. — Ibid. 

136.  Form  of  petition. — The  claimant  shall  in  all  cases  fully  set  forth  in  his 
petition  the  claim,  the  action  thereon  in  Congress  or  by  any  of  the  departments, 
if  such  action  has  been  had,  what  persons  are  owners  thereof  or  interested 
therein,  when  and  upon  what  consideration  such  persons  became  so  interested: 
that  no  assignment  or  transfer  of  said  claim  or  of  any  part  thereof  or  interest 
therein  has  been  made,  except  as  stated  in  the  petition;  that  said  claimant  is 
justly  entitled  to  the  amount  therein  claimed  from  the  United  States  after  allow- 
ing all  just  credits  and  offsets;  that  the  claimant  and,  where  the  claim  has  been 
assigned,  the  original  and  every  prior  owner  thereof,  if  a  citizen,  has  at  all  times 
borne  true  allegiance  to  the  Government  of  the  United  States,  and,  whether  a 
citizen  or  not,  has  not  in  any  way  voluntarily  aided,  abetted,  or  given  encour- 
agement to  rebellion  against  the  said  Government,  and  that  he,  believes  the  facts 
as  stated  in  the  said  petition  to  be  true.    The  said  petition  shall  be  verified  by 
the  affidavit  of  the  claimant,  his  agent,  or  attorney. — See.  159,  ibid. 

137.  Dismissal  of  petition  if  allegiance,  etc.,  disproven. — The  said  allegations 
as  to  true  allegiance  and  voluntary  aiding,  abetting,  or  giving  encouragement 
to  rebellion  against  the  Government  may  be  traversed  by  the  Government,  and 
if  on  the  trial  such  issues  shall  be  decided  against  the  claimant,  his  petition 
shall  be  dismissed. — Sec.  160,  ibid. 

138.  Proof  of  loyalty  required;  when. — Whenever  it  is  material  in  any  claim 
to  ascertain  whether  any  person  did  or  did  not  give  any  aid  or  comfort  to  forces 
or  government  of  the  late  Confederate  States  during  the  Civil  War,  the  claimant 
asserting  the  loyalty  of  any  such  person  to  the  United  States  during  such  Civil 
War  shall  be  required  to  prove  affirmatively  that  such  person  did,  during  said 
Civil  War,  consistently  adhere  to  the  United  States  and  did  give  no  aid  or  com- 
fort to  persons  engaged  in  said  Confederate  service  in  said  Civil  War. — Sec.  161, 
ibid. 

139.  Property  taken  after  June  1,  1865;  jurisdiction  to  determine  claims 
for. — The  Court  of  Claims  shall  have  jurisdiction  to  hear  and  determine  the 


CLAIMS.  29 

claims  of  those  whose  property  was  taken  subsequent  to  June  the  first,  eighteen 
hundred  and  sixty-five,  under  the  provisions  of  the  act  of  Congress  approved 
March  twelfth,  eighteen  hundred  and  sixty-three,  entitled  "An  act  to  provide 
for  the  collection  of  abandoned  property  and  for  the  prevention  of  frauds  in 
insurrectionary  districts  within  the  United  States,"  and  acts  amendatory  thereof 
where  the  property  so  taken  was  sold  and  the  net  proceeds  thereof  were  placed 
in  the  Treasury  of  the  United  States;  and  the  Secretary  of  the  Treasury  shall 
return  said  net  proceeds  to  the  owrners  thereof,  on  the  judgment  of  said  court, 
and  full  jurisdiction  is  given  to  said  court  to  adjudge  said  claims,  any  statutes 
of  limitations  to  the  contrary  notwithstanding. — Sec.  162,  ibid. 

140.  Information^  etc.,  from  departments  and  Congress. — The  said  court  shall 
have  power  to  call  upon  any  of  the  departments  for  any  information  or  papers 
it  may  deem  necessary,  and  shall  have  the  use  of  all  recorded  and  printed 
reports  made  by  the  committees  of  each  House  of  Congress  when  deemed  neces- 
sary in  the  prosecution  of  its  business;  but  the  head  of  any  department  may 
refuse  and  omit  to  comply  with  any  call  for  information  or  papers  when,  in  his 
opinion,  such  compliance  would  be  injurious  to  the  public  interest. — Sec.  164, 
ibid,  p.  1140. 

141.  Claims  forfeited  for  fraud. — Any  person  who  corruptly  practices  or  at- 
tempts to  practice  any  fraud  against  the  United  States  in  the  proof,  statement, 
establishment,  or  allowance  of  any  claim  or  of  any  part  of  any  claim  against 
the  United  States  shall,  ipso  facto,  forfeit  the  same  to  the  Government ;  and  it 
shall  be  the  duty  of  the  Court  of  Claims,  in  such  cases,  to  find  specifically  that 
such  fraud  was  practiced  or  attempted  to  be  practiced,  and  thereupon  to  give 
judgment  that  such  claim  is  forfeited  to  the  Government  and  that  the  claimant 
be  forever  barred  from  prosecuting  the  same. — Sec.  172,  ibid. 

142.  Fourth  of  July  claims;  not  allowed  if  willfully  in  excess  of  actual  loss. — 
No  claim  shall  be  allowed  by  the  accounting  officers  under  the  provisions  of  the 
act  of  Congress  approved  June  sixteenth,  eighteen  hundred  and  seventy-four, 
or  by  the  Court  of  Claims,  or  by  Congress  to  any  person  where  such  claimant 
or  those  under  whom  he  claims  shall  willfully,  knowingly,  and  with  intent  to 
defraud  the  United  States  have  claimed  more  than  was  justly  due  in  respect  of 
such  claim  or  presented  any  false  evidence  to  Congress  or  to  any  department  or 
court  in  support  thereof. — Sec.  173,  ibid. 

143.  New  trials  on  request  of  claimant. — When  judgment  is  rendered  against 
any  claimant,  the  court  may  grant  a  new  trial  for  any  reason  which,  by  the 
rules  of  common  law  or  chancery  in  suits  between  individuals,  would  furnish 
sufficient  ground  for  granting  a  new  trial. — Sec.  174,  ibid. 

144.  New  trial  on  motion  of  United  States. — The  Court  of  Claims,  at  any 
time  wThile  any  claim  is  pending  before  it  or  on  appeal  from  it,  or  within  two 
years  next  after  the  final  disposition  of  such  claim,  may,  on  motion  on  behalf 
of  the  United  States,  grant  a  new  trial  and  stay  the  payment  of  any  judgment 
therein  upon  such  evidence,  cumulative  or  otherwise,  as  shall  satisfy  the  court 
that  any  fraud,  wrong,  or  injustice  in  the  premises  has  been  done  to  the  United 
States ;  but  until  an  order  is  made  staying  the  payment  of  a  judgment  the  same 
shall  be  payable  and  paid  as  now  provided  by  law. — Sec.  175,  ibid. 

145.  No  interest  allowed  before  judgment. — No  interest  shall  be  allowed  on 
any  claim  up  to  the  time  of  the  rendition  of  judgment  thereon  by  the  Court  of 


30  CLAIMS. 

Claims,  unless  upon  ;\  contract  expressly  stipulating  for  the  payment  of  inter- 
est. —  Sec.  117,  ibid. 

146.  Payment  under  judgment  to  be  a  full  discharge.  —  The  payment  of  the 
amount  due  by  any  judgment  of  the  Court  of  Claims  and  of  any  interest  thereon 
allowed  by  law,  as  provided  by  law,  shall  be  a  full  discharge  to  the  United 
States  of  all  claim  and  demand  touching  any  of  the  matters  involved  in  the 
controversy.  —  Sec.  118,  ibid. 

147.  Final  judgments  a  bar  to  further  demands.  —  Any  final  judgment  against 
the  claimant  on  any  claim  prosecuted  as  provided  in  this  chapter  shall  forever 
bar  any  further  claim  or  demand  against  the  United  States  arising  out  of  the 
matters  involved  in  the  controversy.  —  Sec.  179,  ibid. 

148.  Final  judgments  made   on    settlements   by  auditor.  —  Hereafter   in  all 
cases  of  final  judgments  and  awards  rendered  against  the  United  States  by  the 
Court  of  Claims,  and  of  final  judgments  rendered  against  the  United  States  by 
the  circuit  and  district  courts  of  the  United  States,  payment  thereof  under  ap- 
propriations made  by  Congress  shall  be  made  on  settlements  by  the  auditor  for 
the  department  or  branch  of  the  public  service  having  jurisdiction  over  the 
subject-matter  out  of  which  the  claims  arose.  —  Act  of  Feb.   18.  190Jf   (83  Stat., 


149.  Petitions  for  settlement  of  unadjusted  accounts,  etc.;  procedure  where 
debtor  to  United  States  alleges  no  settlement  within  three  years.  —  Whenever 
any  person  shall  present  his  petition  to  the  Court  of  Claims  alleging  that  he  is 
or  has  been  indebted  to  the  United  States  as  an  officer  or  agent  thereof,  or  by 
virtue  of  any  contract  therewith,  or  that  he  is  a  guarantor,  or  surety,  or  per- 
sonal representative  of  any  officer  or  agent  or  contractor  so  indebted,  or  that  he 
or  the  person  for  whom  he  is  such  surety,  guarantor,  or  personal  representative 
has  held  any  office  or  agency  under  the  United  States,  or  entered  into  any  con- 
tract therewith,  under  wThich  it  may  be  or  has  been  claimed  that  an  indebted- 
ness to  the  United  States  has  arisen  and  exists,  and  that  he  or  the  person  he 
represents  has  applied  to  the  proper  department  of  the  Government  requesting 
that  the  account  of  such  office,  agency,  or  indebtedness  may  be  adjusted  and 
settled,  and  that  three  years  have  elapsed  from  the  date  of  such  application, 
and  said  account  still  remains  unsettled  and  unadjusted,  and  that  no  suit  upon 
the  same  has  been  brought  by  the  United  States,  said  court  shall,  due  notice 
first  being  given  to  the  head  of  said  department  and  to  the  Attorney  General  of 
the  United  States,  proceed  to  hear  the  parties  and  to  ascertain  the  amount,  if 
any,  due  the  United  States  on  said  account.  The  Attorney  General  shall  repre- 
sent the  United  States  at  the  hearing  of  said  cause.  The  court  inny  postpone 
the  same  from  time  to  time  whenever  justice  shall  require.  The  judgment  of 
said  court  or  of  the  Supreme  Court  of  the  United  States,  to  which  an  appeal 
shall  lie,  as  in  other  cases,  as  to  the  amount  due,  shall  be  binding  and  conclusive 
upon  the  parties.  The  payment  of  such  amount  so  found  due  by  the  court  shall 
discharge  such  obligation.  An  action  shall  accrue  to  the  United  States  against 
such  principal,  or  surety,  or  representative  to  recover  the  amount  so  found  due, 
which  may  be  brought  at  any  time  within  three  years  after  the  final  judgment 
of  said  court;  and  unless  suit  shall  be  brought  within  said  time  such  claim  and 
tlie  claim  on  the  original  indebtedness  shall  be  forever  barred.  The  provisions 
of  section  one  hundred  and  sixty-six  shall  apply  to  cases  under  this  section.  — 
Scv.  /-SU  (i<-f  <>(  Mil,:  5,  J!)11  (36  Stat..  /////). 


CLAIMS.  31 

150.  Right  of  appeal.  —  The  plaintiff  or  the  United  States  in  any  suit  brought 
under  the  provisions  of  the  section  last  preceding  shall  have  the  same  right 
of  appeal  as  is  conferred  under  sections  two  hundred  and  forty-two  and  two 
hundred  and  forty-three  ;  and  such  right  shall  be  exercised  only  within  the  time 
and  in  the  manner  therein  prescribed.  —  Sec.  181,  ibid,  p.  1142. 

151.  Appeals  in  Indian  cases,  etc.  —  In  any  case  brought  in  the  Court  of 
Claims  under  any  act  of  Congress  by  which  that  court  is  authorized  to  render 
a  judgment  or  decree  against  the  United  States,  or  against  any  Indian  tribe  or 
any  Indians,  or  ngninst  any  fund  hejd  in  trust  by  the  United  States  for  any 
Indian  tribe,  or  for  any  Indians,  the  claimant,  or  the  United  States,  or  the  tribe 
of  Indians,  or  other  party  in  interest,  shall  have  the  same  right  of  appeal  as  is 
conferred   under  sections  two  hundred  and  forty-two  and  two  hundred  and 
forty-three;  and  such  right  shall  be  exercised  only  within  the  time  and  in  the 
manner  therein  prescribed.  —  Sec.  182,  ibid. 

152.  Loyalty  a  juris  diet  ional  fact  in  cases  y  rowing  out  of  Civil  War;  dis- 
missal if  not  proven.  —  In  any  case  of  a  claim  for  supplies  or  stores  taken  by  or 
furnished  to  any  part  of  the  military  or  naval  forces  of  the  United  States  for 
their  use  during  the  late  Civil  War  the  petition  shall  aver  that  the  person  who 
furnished  such  supplies  or  stores,  or  from  whom  such  supplies  or  stores  were 
taken,  did  not  give  any  aid  or  comfort  to  said  rebellion,  but  was  throughout 
that  war  loyal  to  the  Government  of  the  United  States,  and  the  fact  of  such 
loyalty  shall  be  a  jurisdictional  fact;  and  unless  the  said  court  shall,  on  a 
preliminary  inquiry,  find  that  the  person  who  furnished  such  supplies  or  stores, 
or  from  whom  the  same  were  taken  as  aforesaid,  was  loyal  to  the  Government 
of  the  United  States  throughout  said  war  the  court  shall  not  have  jurisdiction 
of  such  cause,  and  the  same  shall,  without  further  proceedings,  be  dismissed.  — 
Sec.  184,  MM. 


153.  Duty  of  Attorney  General  to  appear  for  defense;  ichen.  —  The  Attorney 
General  or  his  assistants  under  his  direction  shall  appear  for  the  defense  and 
protection  of  the  interests  of  the  United  States  in  all  cases  which  may  be  trans- 
mitted to  the  Court  of  Claims  under  the  provisions  of  this  chapter,  with  the 
same  power  to  interpose  counter  claims,  offsets,  defenses  for  fraud  practiced  or 
attempted  to  be  practiced  by  claimants,  and  other  defenses  in  like  manner  as  he 
is  required  to  defend  the  United  States  in  said  court.  —  Sec.  185,  ibid. 

OFFENSES   AGAINST  THE   OPERATIONS   OF  THE    GOVERNMENT. 

154.  Forging  bonds,  bids,  public  records,  etc.;  transmitting  same.  —  Whoever 
shall  falsely  make,  alter,  forge,  or  counterfeit,  or  cause  or  procure  to  be  falsely 
made,  altered,  forged,  or  counterfeited,  or  willingly  aid,  or  assist  in  the  false 
making,  altering,  forging,  or  counterfeiting,  any  bond,  bid,  proposal,  contract, 
guaranty,  security,  official  bond,  public  record,  affidavit,  or  other  writing  for 
the  purpose  of  defrauding  the  United  States  ;  or  shall  utter  or  publish  as  true, 
or  cause  to  be  uttered  or  published  as  true,  or  have  in  his  possession  with  the 
intent  to  utter  or  publish  as  true,  any  such  false,  forged,  altered,  or  counter- 
feited bond,  bid,  proposal,  contract,   guaranty,  security,  official  bond,  public 
record,  affidavit,  or  other  writing,  for  the  purpose  of  defrauding  the  United 
States,  knowing  the  same  to  be  false,  forged,  altered,  or  counterfeited;  or  shall 
transmit  to,  or  present  at,  or  cause  or  procure  to  be  transmitted  to,  or  pre- 
sented at,  the  office  of  any  officer  of  the  United  States,  any  such  false,  forged, 
altered,  or  counterfeited  bond,  bid,  proposal,  contract,  guaranty,  security,  official 


32  CLAIMS. 

t><ni<l.  public  record,  allidavit,  or  other  writing,  knowing  the  same  to  be  false, 
forged,  altered,  or  counterfeited,  for  the  purpose  of  defrauding  the  United 
States,  shall  be  fined  not  more  than  one  thousand  dollars,  or  imprisoned  not 
more  than  ten  years,  or  both. — Sec.  28,  act  of  Alar.  4,  1909  (35  Stat.,  1094). 

155.  Forging  deeds,  powers  of  attorney,  etc.;  transmitting  same. — Whoever 
shall  falsely  make,  alter,  forge,  or  counterfeit,  or  cause  or  procure  to  be  falsely 
made,  altered,  forged,  or  counterfeited,  or  willingly  aid  or  assist  in  the  false 
making,  altering,  forging,  or  counterfeiting,  any  deed,  power  of  attorney,  order, 
certificate,  receipt,  contract,  or  other  writing,  for  the  pupose  of  obtaining  or 
receiving,  or  of  enabling  any  other  person,   either  directly   or   indirectly,   to 
obtain  or  receive  from  the  United  States,  or  any  of  their  officers  or  agents,  any 
sum  of  money ;  or  whoever  shall  utter  or  publish  as  true,  or  cause  to  be  uttered 
or  published  as  true,  any  such  false,  forged,  altered,  or  counterfeited  deed, 
power  of  attorney,  order,  certificate,  receipt,  contract,  or  other  writing,  with 
intent  to  defraud  the  United  States,  knowing  the  same  to  be  false,  altered, 
forged,  or  counterfeited;  or  whoever  shall  transmit  to,  or  present  at,  or  cause 
or  procure  to  be  transmitted  to,  or  presented  at,  any  office  or  officer  of  the  Gov- 
ernment of  the  United  States,  any  deed,  power  of  attorney,  order,  certificate, 
receipt,  contract,  or  other  writing,  in  support  of.  or  in  relation  to,  any  account 
or  claim,  writh  intent  to  defraud  the  United  States,  knowing  the  same  to  be 
false,  altered,  forged,  or  counterfeited,  shall  be  fined  not  more  than  one  thou- 
sand dollars  and  imprisoned  not  more  than  ten  years. — See.  29,  ibid. 

156.  Having  false,  etc.,  papers  in  possession. — Whoever,  knowingly  and  with 
intent  to  defraud  the  United  States,  shall  have  in  his  possession  any  false, 
altered,  forged,   or  counterfeited  deed,  power  of  attorney,   order,   certificate, 
receipt,  contract,  or  other  writing,   for   the  purpose  of  enabling  another  to 
obtain  from  the  United  States^  or  from  any  officer  or  agent  thereof,  any  sum 
of  money,  shall  be  fined  not  more  than  five  hundred  dollars,  or  imprisoned  not 
more  than  five  years,  or  both. — Sec.  30,  ibid. 

157.  False  acknowledgments  by  officer  administering  oaths. — Whoever,  being 
an  officer  authorized  to  administer  oaths  or  to  take  and  certify  acknowledg- 
ments, shall  knowingly  make  any  false  acknowledgment,  certificate,  or  state- 
ment concerning  the  appearance  before  him  or  the  taking  of  an  oath  or  affirma- 
tion by  any  person  with  respect  to  any  proposal,  contract,  bond,  undertaking,  or 
other  matter,  submitted  to,  made  with,  or  taken  on  behalf  of,  the  United  States, 
and  concerning  which  an  oath  or  affirmation  is  required  by  law  or  regulation 
made  in  pursuance  of  law,  or  with  respect  to  the  financial  standing  of  any 
principal,  surety,  or  other  party  to  any  such  proposal,  contract,  bond,  under- 
taking, or  other  instrument,  shall  be  fined  not  more  than  two  thousand  dollars, 
or  imprisoned  not  more  than  two  years,  or  both. — Sec.  31,  ibid. 

158.  Falsely  pretending  to  be  United  States  officer. — Whoever,  with  intent 
to  defraud  either  the  United  States  or  any  person,  shall  falsely  assume  or  pre- 
tend to  be  an  officer  or  employee  acting  under  the  authority  of  the  United  States, 
or  any  department,  or  any  officer  of  the  Government  thereof,  and  shall  take  upon 
himself  to  act  as  such,  or  shall  in  such  pretended  character  demand  or  obtain 
from  any  person  or  from  the  United  States,  or  any  department,  or  nny  officer 
of  the  Government  thereof,  any  money,  paper,  document,  or  other  valuable  thing, 
shall  be  fined  not  more  than  one  thousand  dollars,  or  imprisoned  not  more  than 
three  years,  or  both. — Sec.  82,  ibid. 


CLAIMS.  33 

159.  False  personation  of  holder  of  public  stocks,  pensioner,  etc, — Whoever 
shall  falsely  personate  any  true  and  lawful  holder  of  any  share  or  sum  in  the 
public  stocks  or  debt  of  the  United  States,  or  any  person  entitled  to  any  annuity, 
dividend,  pension,  prize  money,  wages,  or  other  debt  due  from  the  United  States, 
and,  under  color  of  such  false  personation,  shall  transfer  or  endeavor  to  transfer 
such  public  stock,  or  any  part  thereof,  or  shall  receive,  or  endeavor  to  receive, 
the  money  of  such  true  and  lawful  holder  thereof,  or  the  money  of  any  person 
really  entitled  to  receive  such  annuity,  dividend,  pension,  prize  money,  wages,  or 
other  debt,  shall  be  fined  not  more  than  five  thousand  dollars  and  imprisoned  not 
more  than  ten  years. — Sec.  33,  ibid,  p.  1095. 

160.  False  demand  on  fraudulent  power  of  attorney. — Whoever  shall  know- 
ingly or  fraudulently  demand,  or  endeavor  to  obtain,  any  share  or  sum  in  the 
public  stocks  of  the  United  States,  or  to  have  any  part  thereof  transferred,  as- 
signed, sold,  or  conveyed,  or  to  have  any  annuity,  dividend,  pension,  prize  money, 
wages,  or  other  debt  due  from  the  United  States,  or  any  part  thereof,  received, 
or  paid  by  virtue  of  any  false,  forged,  or  counterfeited  power  of  attorney,  au- 
thority, or  instrument,  shall  be  fined  not  more  than  five  thousand  dollars  and 
imprisoned  not  more  than  ten  years. — Sec.  34,  ioid. 

161.  Presenting  false  claims;  unlawful  purchase  of  public  property. — Who- 
ever shall  make  or  cause  to  be  made,  or  present  or  cause  to  be  presented,  for 
payment  or  approval,  to  or  by  any  person  or  officer  in  the  civil,  military,  or  naval 
service  of  the  United  States,  any  claim  upon  or  against  the  Government  of  the 
United  States  or  any  department,  or  officer  thereof  knowing  such  claim  to  be 
false,  fictitious,  or  fraudulent ;  or  whoever,  for  the  purpose  of  obtaining  or  aiding 
to  obtain  the  payment  or  approval  of  such  claim,  shall  make  or  use,  or  cause 
to  be  made  or  used,  any  false  bill,  receipt,  voucher,  roll,  account,  claim,  cer- 
tificate, affidavit,  or  deposition,  knowing  the  same  to  contain  any  fraudulent  or 
fictitious  statement  or  entry ;  or  whoever  shall  enter  into  any  agreement,  com- 
bination, or  conspiracy  to  defraud  the  Government  of  the  United  States,  or  any 
department  or  officer  thereof,  by  obtaining  or  aiding  to  obtain  the  payment  or 
allowance  of  any  false  or  fraudulent  claim;  or  whoever,  having  charge,  pos- 
session, custody,  or  control  of  any  money  or  other  public  property,  used  or  to 
be  used  in  the  military  or  naval  service,  with  intent  to  defraud  the  United 
States,  or  willfully  to  conceal  such  money  or  other  property,  shall  deliver,  or 
cause  to  be  delivered,  to  any  other  person  having  authority  to  receive  the  same, 
any  amount  of  such  money  or  other  property  less  than'  that  for  which  he  re- 
ceived a  certificate,  or  took  a  receipt ;  or  whoever,  being  authorized  to  make  or 
deliver  any  certificate,  voucher,  receipt,  or  other  paper  certifying  the  receipt  of 
arms,  ammunition,  provisions,  clothing,  or  other  property  so  used,  or  to  be  used, 
shall  make  or  deliver  the  same  to  any  other  person  without  a  full  knowledge  of 
the  truth  of  the  facts  stated  therein,  and  with  intent  to  defraud  the  United 
States,  shall  be  fined  not  more  than  five  thousand  dollars,  or  imprisoned  not 
more  than  five  years,  or  both.     And  whoever  shall  knowingly  purchase  or  re- 
ceive in  pledge  for  any  obligation  or  indebtedness  from  any  soldier,  officer, 
sailor,  or  other  person  called  into  or  employed  in  the  military  or  naval  service, 
any  arms,  equipments,  ammunition,  clothes,  military  stores,  or  other  public 
property,  whether  furnished  to  the  soldier,  sailor,  officer,  or  person  under  a 
clothing  allotment  or  otherwise,  such  soldier,  sailor,  officer,  or  other  person  not 
having  the  lawful  right  to  pledge  or  sell  the  same,  shall  be  fined  not  more  than 
five  hundred  dollars,  and  imprisoned  not  more  than  two  years. — Sec.  35,  ibid. 

49392—18 3 


34  CLAIMS. 

162.  Conspiring   to   commit   offense   against   the    United   States.  —  If   two   or 
more  persons  conspire  either  to  commit  any  offense  against  the  United  States, 
or  to  defraud  the  United  States  in  any  manner  or  for  any  purpose,  and  one  or 
more  of  such  parties  do  any  act  to  effect  the  object  of  the  conspiracy,  each  of 
the  parties  to-  such  conspiracy  shall  be  fined  not  more  than  ten  thousand  dol- 
lars, or  imprisoned  not  more  than  two  years,  or  both.  —  Sec.  37,  ibid,  p.  1096. 

163.  Briber]/  of  United  States  officer.*  —  Whoever  shall  promise,  offer,  or  give, 
or  cause  or  procure  to  be  promised,  offered,  or  given,  any  money  or  other  thing 
of  value,  or  shall  make  or  tender  any  contract,  undertaking,  obligation,  gratuity,. 
or  security  for  the  payment  of  money,  or  for  the  delivery  or  conveyance  of  any- 
thing of  value,  to  any  officer  of  the  United  States,  or  to  any  person  acting  for 
or  on  behalf  of  the  United  States  in  any  official  function,  under  or  by  authority 
of  any  department  or  office  of  the  Government  thereof,  or  to  any  officer  or  per- 
son acting  for  or  on  behalf  of  either  House  of  Congress,  or  of  any  committee  of 
either  House,  or  both  Houses  thereof,  with  intent  to  influence  his  decision  or 
action  on  any  question,  matter,  cause,  or  proceeding  which  may  at  any  time  be 
pending,  or  which  may  by  law  be  brought  before  him  in  his  official  capacity, 
or  in  his  place  of  trust  or  profit,  or  with  intent  to  influence  him  to  commit  or 
aid  in  committing,  or  to  collude  in,  or  allo\v,  any  fraud,  or  make  opportunity 
for  the  commission  of  any  fraud,  on  the  United  State  5.  or  to  induce  him  to  do 
or  omit  to  do  any  act  in  Violation  of  his  lawful  duty,  shall  be  fined  not  more 
than  three  times  the  amount  of  money  or  value  of  the  thing  so  offered,  promised, 
given,  made,  or  tendered,  or  caused  or  procured  to  be  so  offered,  promised, 
given,  made,  or  tendered,  and  imprisoned  not  more  than  three  years.  —  Sec.  39, 
ibid. 

•  164.  Persons  interested  in  contracts,  etc.,  not  to  act  as  Government  agents.  — 
No  officer  or  agent  of  any  corporation,  joint-stock  company,  or  association,  and 
no  member  or  agent  of  any  firm,  or  person  directly  or  indirectly  interested  in  the 
pecuniary  profits  or  contracts  of  such  corporation,  joint-stock  company,  asso- 
ciation, or  firm,  shall  be  employed  or  shall  act  as  an  officer  or  agent  of  the  United 
States  .for  the  transaction  of  business  with  such  corporation,  joint-stock  com- 
pany, association,  or  firm.  Whoever  shall  violate  the  provision  of  this  section 
shall  be  fined  not  more  than  two  thousand  dollars  and  imprisoned  not  more  than 
two  years.  —  Sec.  41,  ibid.,  p.  1097. 

OFFENSES  RELAT1XG  TO   OFFICIAL   DUTIES. 


165.  Receiving  pay  by  Gorcnini'-nt  eniitloi/cc*  for  xcrr/rrs  -in  connection  with 
contracts,  etc.  —  \Vhoever,  being  elected  or  appointed  a  Senator,  Member  of  or 
Delegate  to  Congress,  or  a  Resident  Commissioner,  shall,  after  his  election  or 
appointment  and  either  before  or  after  he  has  qualified,  and  during  his  con- 
tinuance in  office,  or  being  the  head  of  a  'department,  or  other  officer  or  clerk 
in  the  employ  of  the  United  States,  shall,  directly  or  indirectly,  receive,  or 
agree  to  receive,  any  compensation  whatever  for  any  services  rendered  or  to 
be  rendered  to  any  person,  either  by  himself  or  another,  in  relation  to  any  pro- 
ceeding, contract,  claim,  controversy,  charge,  accusation,  arrest,  or  other  mat- 
ter or  thing  in  which  the  United  States  is  a  parly  or  directly  or  indirectly  in- 
terested. before  any  department,  court-martial,  bureau,  officer,  or  any  civil, 
military,  or  naval  commission  whatever,  shall  be  fined  not  more  than  ten 
thousand  dollars  and  imprisoned  not  more  than  nvo  years:  and  shall,  more- 
over, thereafter  be  incapable  of  holding  any  office  of  honor,  trust,  or  profit  under 
the  Government  of  the  United  States.  —  Sec.  113,  act  of  Mar.  ',.  190!)  (35  Stat., 
1109). 


CONTRACTS  AND  PURCHASES.  35 

166.  Official  accepting  bribe. — Whoever,  being  an  officer  of  the  United  States, 
or  a  person  acting  for  or  on  behalf  of  the  United  States,  in  any  official  ca- 
pacity, under  or  by  virtue  of  the  authority  of  any  department  or  office  of  the 
Government  thereof;  or  whoever,  being  an  officer  or  person  acting  for  or  on 
behalf  of  either  House  of  Congress,  or  of  any  committee  of  either  House,  or  of 
both  Houses  thereof,  shall  ask,  accept,  or  receive  any  money,  or  any  contract, 
promise,  undertaking,  obligation,  gratuity,  or  security  for  the  payment  of  money, 
or  for  the  delivery  or  conveyance  of  anything  of  value,  with  intent  to  have  his 
decision  or  action  on  any  question,  matter,  cause,  or  proceeding  which  may  at 
any  time  be  pending,  or  which  may  by  law  be  brought  before  him  in  his  official 
capacity,  or  in  his  place  of  trust  or  profit,  influenced  thereby,  shall  be  fined  not 
more  than  three  times  the  amount  of  money  or  value  of  the  thing  so  asked,  ac- 
cepted, or  received,  and  imprisoned  not  more  than  three  years ;  and  shall,  more- 
over, forfeit  his  office  or  place  and  thereafter  be  forever  disqualified  from  holding 
any  office  of  honor,  trust,  or  profit  under  the  Government  of  the  United  States. — 
Sec.  117.  ibid. 

CONTKACTS  AND  PURCHASES. 

BY  ADVERTISEMENT  AND  IN   OPEN  MARKET. 

167.  To  be  made  under  direction  of  Secretary  of  War* — All  purchases  and 
contracts  for  supplies  or  services  for  the  military  and  naval  service  shall  be 
made  by  or  under  the  direction  of  the  chief  officers  of  the  Departments  of  War 
and  of  the  Navy,  respectively.     (And  all  agents  or  contractors  for  supplies  or 
services  aforesaid  shall  render  their  accounts  for  settlement  to  the  accountant 
of  the  proper  department  for  which  such  supplies  or  services  are  required, 
subject,  nevertheless,  to  the  inspection  and  revision  of  the  officers  of  the  Treas- 
ury in  the  manner  before  prescribed.) — Sec.  3714,  R.  S.,  as  amended  by  act  of 
Feb.  27,  1877  (19  Stat.,  249). 

168.  Regular  and  miscellaneous  supplies. — That  hereafter  all  purchases  of 
regular  and  miscellaneous  supplies  for  the  Army  furnished  by  the  Quarter- 
master's Department  and  by  the  Commissary  Department  for  immediate  use 
shall  be  made  by  the  officers  of  such  department,  under  direction  of  the  Secre- 
tary of  War,  at  the  places  nearest  the  points  where  they  are  needed,  the  condi- 
tions of  cost  and  quality  being  equal. — Act  of  July  5,  1884  (23  Stat.,  109). 

169.  Same — Period  of  advertising;  award  to  lowest  bidder;  right  reserved 
to  reject  bids. — That  all  purchases  of  said  supplies,  except  in  cases  of  emer- 
gency, which  must  be  at  once  reported  to  the  Secretary  of  War  for  his  approval, 
shall  be  made  by  contract  after  public  notice  of  not  less  than  ten  days  for  small 
amounts  for  immediate  use,  and  of  not  less  than  from  thirty  to  sixty  days 
whenever,  in  the  opinion  of  the  Secretary  of  War,  the  circumstances  of  the 
case  and  conditions  of  the  service  shall  warrant  such  extension  of  time.     The 
award  in  every  case  shall  be  made  to  the  lowest  responsible  bidder  for  the  best 
and  most  suitable  article,  the  right  being  reserved  to  reject  any  and  all  bids. — 
Ibid. 

170.  By  advertising  and  in  open  market. — All  purchases  and  contracts  for 
supplies  or  services,  in  any  of  the  departments  of  the  Government,  except  for 
personal  services,  shall  be  made  by  advertisement  a  sufficient  time  previously 
for  proposals  respecting  the  same,  when  the  public  exigencies  do  not  require  the 
immediate  delivery  of  the  articles  or  performance  of  the  service.    When  imme- 
diate delivery  or  performance  is  required  by  the  public  exigency,  the  articles 

49392* 


36  CONTRACTS   AND   PURCHASES. 

or  service  required  may  be  procured  by  open  purchase  or  contract,  at  the  places 
and  in  the  manner  in  which  such  articles  are  usually  bought  and  sold,  or  such 
services  engaged  between  individuals. — Sec.  3709,  R.  S. 

171.  Army  supplies,  by  advertising;  exception. — Hereafter,  except  in  cases 
of  emergency  or  where  it  is  impracticable  to  secure  competition,  the  purchase 
of  all  supplies  for  the  use  of  the  various  departments  and  posts  of  the  Army 
and  of  the  branches  of  the  Army  service  shall  only  be  made  after  advertisement 
and  shall  be  purchased  where  the  same  can  be  purchased  the  cheapest,  quality 
and  cost  of  transportation  and  the  interests  of  the  Government  considered. — 
Act  of  Mar.  2,  1901  (31  Stat.,  905). 

172.  Open  market,  under  $500;  exceeding  $100,   report   to   be   rendered. — 
Hereafter  the  purchase  of  supplies  and  the  procurement  of  services  for  all 
branches  of  the  Army  service  may  be  made  in  open  market,  in  the  manner  com- 
mon among  business  men,  when  the  aggregate  of  the  amount  required  does  not 
exceed  five  hundred  dollars;  but  every  such  purchase  exceeding  one  hundred 
dollars  shall  be  promptly  reported  to  the  Secretary  of  War  for  approval  under 
such  regulations  as  he  may  prescribe. — Act  of  June  12,  1906  (34  Stat.,  258). 

i 

173.  Exceeding  $500,  to   be  reduced  to  writing. — Hereafter   whenever  con- 
tracts which  are  not  to  be  performed  within  sixty  days  are  made  on  behalf  of 
the  Government  by  the  Quartermaster  General,  or  by  officers  of  the  Quarter- 
master Corps  authorized  to  make  them,  and  are  in  excess  of  $500  in  amount, 
such  contracts  shall  be  reduced  to  writing  and  signed  by  the  contracting  parties. 
In  all  other  cases  contracts  shall  be -entered  into  under  such  regulations  ns  may 
be  prescribed  by  the  Quartermaster  General. — Sec.  1,  Act  of  Mar.  4,  1915  (38 
Stat.,  1078). 

174.  At  Indian  reservations,  etc. — That  the  Secretary  of  War  be,  and  he  is 
hereby,    authorized    and   directed,   when   making   purchases   for   the   military 
posts  or  service  on  or  near  Indian  reservations,  to  purchase  in  open  market, 
from  the  Indians  as  far  as  practicable,  at  fair  and  reasonable  rates,  not  to  ex- 
ceed the  market  prices  in  the  localities,  any  cattle,  grain,  hay,  fuel,  or  other 
produce  or  merchandise  they  may  have  for  sale  and  which  may  be  required  for 
the  military  service.— Act  of  Jan.  19,  1891  (26  Stat.,  721). 

175.  Exceptional  articles  of  subsistence. — Hereafter  exceptional  articles  of 
subsistence  stores  for  officers  and  enlisted  men,  which  are  to  be  paid  for  by 
them,  regardless  of  condition  upon  arrival  at  posts,  may,  under  regulations  to 
be  prescribed  by  the  Secretary  of  War,  be  obtained  by  open  purchase  without 
advertising.— A ct  of  Feb.  12,  1895  (28  Stat.,  658). 

SUPPLIES  FOR  THE  ARMY. 

17ft.  Appropriations  made  or  contracts  authorized  must  be  in  specific  term  ft. — 
No  act  of  Congress  hereafter  passed  shall  be  construed  to  make  an  appropria- 
tion out  of  the  Treasury  of  the  United  States,  or  to  authorize  the  execution  of 
a  contract  involving  the  payment  of  money  in  excess  of  appropriations  ma<l»»  by 
law,  unless  such  act  shall  in  specific  terms  declare  an  appropriation  to  be  made 
or  that  a  contract  may  be  executed.— Sec.  9,  act  of  June  30,  1906  (34  Stat.,  764). 

177.  Contracts  for  stationery.— It  shall  not  be  lawful  for  any  of  the  executive 
departments  to  make  contracts  for  stationery  or  other  supplies  for  a  longer 
term  than  one  year  from  the  time  the  contract  is  made. — Sec.  3735,  R.  S. 


CONTRACTS  AND  PURCHASES.  37 

178.  Exchange  of  sewing  machines,  etc+  in  part  payment,  for  new. — Hereafter 
sewing  machines  and  other  labor-saving  machinery  used  in  the  manufacture 
of  clothing  and  equipage,  motor  trucks  and  passenger-carrying  vehicles,  and 
band   instruments,   may   be   exchanged   in   part   payment   for   new   machines, 
vehicles,  and  instruments  used  for  the  same  purpose  as  those  proposed  to  be 
exchanged.— Act  of  Aug.  29,  1916  (39  Stat.,  635). 

179.  Exchange  of  motor-propelled  vehicles,  in  part  payment  for  new. — Here- 
after motor-propelled  vehicles,  aeroplanes,  engines,  and  parts  thereof  may  be 
exchanged  in  part  payment  for  new  equipment  of  the  same  or  similar  character, 
to  be  used  for  the  same  purpose  as  those  proposed  to  be  exchanged. — Act  of  May 
12,  1917  (40  Stat.,  43). 

180.  Exchange  of  typewriters,  adding  machines,  etc.,  in  part  payment. — The 
executive  departments  and  other  Government  establishments  and  all  branches 
of  the  public  service  may  hereafter  exchange  typewriters,  adding  machines,  and 
other  similar  labor-saving  devices  in  part  payment  for  new  machines  used  for 
the  same  purpose  as  those  proposed  to  be  exchanged.     There  shall  be  submitted 
to  Congress,  on  the  first  day  of  the  session  following  the  close  of  each  fiscal  year, 
a  report  showing,  as  to  each  exchange  hereuuder,  the  make  of  the  article,  the 
period  of  its  use,  the  allowance  therefor,  and  the  article,  make  thereof,  and 
price,  including  exchange  value,  paid  or  to  be  paid  for  each  article  procured 
through  such  exchange. — Sec.  5,  act  of  Mar.  4,  1915  (38  Stat.,  1161). 

181.  Duties  of  officers  of  Subsistence  Department. — It  shall  be  the  duty  of 
the  officers  of  the  Subsistence  Department,  under  the  direction  of  the  Secretary 
of  War,  to  purchase  and  issue  to  the  Army  such  supplies  as  enter  into  the  com- 
position of  the  ration. — Sec.  l!Jtl,  R.  S. 

182.  Duties  of  officers  of  Quartermaster's  Department. — It  shall  be  the  duty 
of  the  officers  of  the  Quartermaster's  Department,  under  the  direction  of  the 
Secretary  of  War,  to  purchase  and  distribute  to  the  Army  all  military  stores 
and  supplies  requisite  for  its  use  which  other  corps  are  not  directed  by  law  to 
provide ;  to  furnish  means  of  transportation  for  the  Army,  its  military  stores 
and  supplies,  and  to  provide  for  and  pay  all  incidental  expenses  of  the  military 
service   which   other   corps   are   not   directed   to   provide   for   and   pay. — Sec. 
1133,  R.  S. 

183.  Secretary  of  War  to  define  and  prescribe  kinds,  etc. — The  Secretary  of 
War  shall  from  time  to  time  define  and  prescribe  the  kinds  as  well  as  the 
amount  of  supplies  to  be  purchased  by  the  Subsistence  and  Quartermaster 
Departments  of  the  Army,  and  the  duties  and  powers  thereof  respecting  such 
purchases;  and  shall  prescribe  general  regulations  for  the  transportation  of 
the  articles  of  supply  from  the  places  of  purchase  to  the  several  armies,  garri- 
sons, posts,  and  recruiting  places,  for  the  safe-keeping  of  such  articles,  and  for 
the  distribution  of  an  adequate  and  timely  supply  of  the  same  to  the  regimental 
headquarters,  and  to  such  other  officers  as  may  by  virtue  of  such  regulations 
be  intrusted  with  the  same ;  and  shall  fix  and  make  reasonable  allowances  for 
the  store  rent  and  storage  necessary  for  the  safe-keeping  of  all  military  stores 
and  supplies.— Sec.  219  R.  S. 

184:.  Preference  to  be  given  to  articles  of  American  production. — The  Quar- 
termaster's Department  of  the  Army,  in  -obtaining  supplies  for  the  military 
service,  shall  state  in  all  advertisements  for  bids  for  contracts  that  a  prefer- 


38  CONTRACTS  AND  PURCHASES. 

ence  shall  be  given*  to  articles  of  domestic  production  and  manufacture,  con- 
ditions of  price  and  quality  being  equal,  and  that  such  preference  shall  be 
given  to  articles  of  American  production  and  manufacture  produced  on  the 
Pacific  coast,  to  the  extent  of  the  consumption  required  by  the  public  service 
there.  In  advertising  for  Army  supplies  the  Quartermaster's  Department  shall 
require  all  articles  which  are  to  be  used  in  the  States  and  Territories  of  the 
Pacific  coast  to  be  delivered  and  inspected -at  points  designated  in  those  States 
and  Territories;  and  the  advertisements  for  such  supplies  shall  be  published 
in  newspapers  of  the  cities  of  San  Francisco,  California,  and  Portland,  in 
Oregon.— Sec.  3716,  R.  8. 

185.  Delivery  of  subsistence  supplies. — Contracts   for   subsistence   supplies 
for  the  Army,  made  by  the  Commissary  General,  on  public  notice,  shall  pro- 
vide for  a  complete  delivery  of  such  articles,  on  inspection,  at  such  places  as 
shall  be  stipulated.— Sec.  8715,  R.  S. 

186.  Not  to  exceed  current  year  necessities. — No  contract  or  purchase  on  be- 
half of  the  United  States  shall  be  made,  unless  the  same  is  authorized  by  law, 
or  is  under  an  appropriation  adequate  to  its  fulfillment,  except  in  the  War  and 
Navy  Departments,  for  clothing,  subsistence,  forage,  fuel,  quarters,  transpor- 
tation, or  medical  and  hospital  supplies,  which,  however,  shall  not  exceed  the 
necessities  of  the  current  year. — Act  of  June  12,  1006  (34  Stat.,  255). 

187.  Members  of  Congress  prohibited  from  sharing  in  profits. — In  every  such 
contract  or  agreement  to  be  made  or  entered  into  or  accepted  by  or  on  behalf 
of  the  United   States,   there  shall   be  inserted  an  express  condition  that  no 
Member  of  (or  Delegate  to)  Congress  shall  be  admitted  to  any  share  or  part 
of  such  contract  or  agreement,  or  to  any  benefit  to  a*rise  thereupon. — Sec.  3741, 
R.  S.,  as  amended  by  act  of  Feb.  27,  1877  (10  Stat.,  249). 

188.  Contracts  not  transferable;  rights  of  action  reserved  to  United  States. — 
No  contract  or  order,  or  any  interest  therein,  shall  be  transferred  by  the  party 
to  whom  such  contract  or  order  is  given  to  any  other  party,  and  any  such 
transfer  shall  cause  the  annulment  of  the  contract  or  order  transferred,   so 
far  as  the  United  States  are  concerned.    All  rights  of  action,  however,  for  any 
breach  of  such  contract  by  the  contracting  parties,  are  reserved  to  the  United 
States.— -Sec.  3737,  R.  S. 

189.  In  time  of  war — Purchase  or  procurement  of  military  supplies  in  time 
of  actual  or  imminent  war. — The  President,  in  time  of  war  or  when  war  is  im- 
minent, is  empowered,  through  the  head  of  any  department  of  the  Government, 
in  addition  to  the  present  authorized  methods  of  purchase  or  procurement,  to 
place  an  order  with  any  individual,  firm,  association,  company,  corporation,  or 
organized  manufacturing  industry  for  such  product  or  material  as  may  be  re- 
quired, and  which  is  of  the  nature  and  kind  usually  produced  or  capable  of 
being  produced  by  such  individual,  firm,  company,  association,  corporation,  or 
organized  manufacturing  industry. 

Compliance  with  all  such  orders  for  products  or  material  shall  be  obligatory 
on  any  individual,  firm,  association,  company,  corporation,  or  organized  manu- 
facturing industry  or  the  responsible  head  or  heads  thereof  and  shall  take 
precedence  over  all  other  orders  and  contracts  theretofore  placed  with  such  or- 
ganized manufacturing  industry,  and  any  individual,  firm,  association,  company, 
corporation,  or  organized  manufacturing  industry  or  the  responsible  head  or 
heads  thereof  owning  or  operating  any  plant  equipped  for  the  manufacture  of 


CONTRACTS  AND  PURCHASES.  39 

arms  or  ammunition,  or  parts  of  ammunition,  or  any  necessary  supplies  or 
equipment  for  the  Army,  and  any  individual,  firm,  association,  company,  cor- 
poration, or  organized  manufacturing  industry  or  the  responsible  head  or  heads 
thereof  owning  or  operating  any  manufacturing  plant,  which,  in  the  opinion  of 
the  Secretary  of  War  shall  be  capable  of  being  readily  transformed  into  a  plant 
for  tiie  manufacture  of  arms  or  ammunition,  or  parts  thereof,  or  other  neces- 
sary supplies  or  equipment,  who  shall  refuse  to  give  to  the  United  States  such 
preference  in  the  matter  of  the  execution  of  orders,  or  who  shall  refuse  to 
manufacture  the  kind,  quantity,  or  quality  of  arms  or  ammunition,  or  the 
parts  thereof,  or  any  necessary  supplies  or  equipment,  as  ordered  by  the  Sec- 
retary of  War,  or  who  shall  refuse  to  furnish  such  arms,  ammunitions,  or 
parts  of  ammunition,  or  other  supplies  or  equipment,  at  a  reasonable  price  as 
determined  by  the  Secretary  of  War,  then,  and  in  either  such  case,  the  Presi- 
dent, through  the  head  of  any  department  of  the  Government,  in  addition  to 
the  present  authorized  methods  of  purchase  or  procurement  herein  provided 
for,  is  hereby  authorized  to  take  immediate  possession  of  any  such  plant  or 
plants,  and  through  the  Ordnance  Department  of  the  United  States  Army,  to 
manufacture  therein  in  time  of  war,  or  when  war  shall  be  imminent,  such 
product  or  material  as  may  be  required,  and  any  individual,  firm,  company, 
association,  or  corporation,  or  organized  manufacturing  industry,  or  the  re- 
sponsible head  or  heads  thereof,  failing  to  comply  with  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a  felony,  and  upon  conviction  shall  be 
punished  by  imprisonment  for  not  more  than  three  years  and  by  a  fine  not 
exceeding  $50,000. 

The  compensation  to  be  paid  to  any  individual,  firm,  company,  association, 
corporation,  or  organized  manufacturing  industry  for  its  products  or  material, 
or  as  rental  for  use  of  any  manufacturing  plant  while  used  by  the  United  States, 
shall  be  fair  and  just.— Sec.  120,  act  of  June  3,  1916  (30  Stat.,  213). 

SUPPLIES  FOB  EXECUTIVE  DEPARTMENTS. 

190.  Time-recording  clocks. — That  no  recording  clocks  used  for  recording 
time  of  clerks  or  other  employees  shall  be  purchased  for  use  in  any  of  the 
executive  departments  at  Washington,  D.  C.,  except  from  moneys  specifically 
appropriated  therefor. — Act  of  July  7,  1S98  (30  Stat.,  655). 

191.  Books,  laws  and  reference,  and  periodicals. — That  hereafter  law  books, 
books  of  reference,  and  periodicals  for  use  of  any  executive  department,  or 
other  Government  establishment  not  under  an  executive  department,  at  the 
seat  of  the  Government,  shall  not  be  purchased  or  paid  from  any  appropria- 
tion made  for  contingent  expenses  or  for  any  specific  or  general  purpose  unless 
such  purchase  is  authorized  and  payment  therefor  specifically  provided  in  the 
law  granting  the  appropriation. — Sec.  3,  act  of  Mar.  15,  1898  (30  Stat.,  316). 

192.  Fuel,  ice,  stationery,  and  other  miscellaneous  supplies;  general  supply 
committee  created,  duties,  etc. — Hereafter  all  supplies  of  fuel,  ice,  stationery, 
and   other   miscellaneous   supplies   for   the   executive   departments   and   other 
Government  establishments  in  Washington,  when  the  public  exigencies  do  not 
require  the  immediate  delivery  of  the  articles,  shall  be  advertised  and  con- 
tracted for  by  the  Secretary  of  the  Treasui'y,  instead  of  by  the  several  de- 
partments and  establishments,  upon  such  days  as  he  may  designate.     There 
shall  be  a  general  supply  committee  in  lieu  of  the  board  provided  for  in  section 
thirty-seven  hundred  and  nine  of  the  Revised  Statutes  as  amended,  composed 
of  officers,  one  from  each  such  department,  designated  by  the  head  thereof,  the 


40  CONTRACTS  AND   PURCHASES. 

duties  of  which  committee  shall  be  to  make,  under  the  direction  of  the  said 
Secretary,  an  annual  schedule  of  required  miscellaneous  supplies,  to  standardize 
such  supplies,  eliminating  all  unnecessary  grades  and  varieties,  and  to  aid  said 
Secretary  in  soliciting  bids  based  upon  formulas  and  specifications  drawn  up  by 
such  experts  in  the  SIT  vice  of  the  Government  as  the  committee  may  see  fit  to 
call  upon,  who  shall  render  whatever  assistance  they  may  require.  The  com- 
mittee shall  aid  said  Secretary  in  securing  the  proper  fulfillment  of  the  con- 
tracts for  such  supplies,  for  which  purpose  the  said  Secretary  shall  prescribe, 
and  all  departments  comply  with,  rules  providing  for  such  examination  and 
tests  of  the  articles  received  as  may  be  necessary  for  such  purpose;  in  making 
additions  to  the  said  schedule;  in  opening  and  considering  the  bids,  and  shall 
perform  such  other  similar  duties  as  he  may  assign  to  them :  Provided,  That  the 
articles  intended  to  be  purchased  in  this  manner  are  those  in  common  use  by 
or  suitable  to  the  ordinary  needs  of  two  or  more  such  departments  or  establish- 
ments; but  the  said  Secretary  shall  have  discretion  to  amend  the  annual  com- 
mon supply  schedule  from  time  to  time  as  to  any  article  that,  in  his  judgment, 
can  as  well  be  thus  purchased.  In  all  cases  only  one  bond  for  the  proper  per- 
formnnce  of  each  contract  shall  be  required,  notwithstanding  that  supplies  for 
more  than  one  department  or  Government  establishment  are  included  in  such 
contract.  Every  purchase  or  drawing  of  such  supplies  from  the  contractor 
shall  be  immediately  reported  to  s;tid  committee.  No  disbursing  officer  shall 
be  a  member  of  such  committee.  No  department  or  establishment  shall  pur- 
chase or  draw  supplies  from  the  common  schedule  through  more  than  one  office 
or  bureau,  except  in  case  of  detached  bureaus  or  offices  having  field  or  outlying 
service,  which  may  purchase  directly  from  the  contractor  with  the  permission 
of  the  head  of  their  department :  And  provided  further,  That  telephone  service, 
electric  light,  and  power  service  purchased  or  contracted  for  from  companies 
or  individuals  shall  be  so  obtained  by  him — Sec.  //,  act  of  June  11,  1910  (36 
Stat.,  531). 

FUEL — PURCHASE  AND  INSPECTION  OF. 

193.  Appointment  of  inspectors;  duties,  etc.< — It  shall  not  be  lawful  for  any 
officer  or  person  in  the  civil,  military,  or  naval  service  of  the  United  States  in 
the  District  of  Columbia  to  purchase  anthracite  or  bituminous  coal  or  wood 
for  the  public  service  except  on  condition  that  the  same  shall,  before  delivery. 
be  inspected  and  weighed  or  measured  by  some  competent  person  to  be  ap- 
pointed by  the  head  of  the  department  or  chief  of  the  branch  of  the  service 
for  which  the  purchase  is  made  from  among  the  persons  authorized  to  be  em- 
ployed in  such  department  or  branch  of  the  service. 

The  person  appointed  under  this  section  shall  ascertain  that  each  ton  of  coal 
weighed  by  him  shall  consist  of  two  thousand  two  hundred  and  forty  pounds, 
and  that  each  cord  of  wood  to  be  so  measured  shall  be  of  the  standard  men  sure 
of  one  hundred  and  twenty-eight  cubic  feet.  Each  load  or  parcel  of  wood  or 
coal  weighed  and  measured  by  him  shall  be  accompanied  by  his  certificate 
of  the  number  of  tons  or  pounds  of  coal  and  the  number  of  cords  or  parts  of 
cords  of  wood  in  each  load  or  parcel. — Sec.  Sill,  R.  8.,  as  anumJcd  by  sec.  ff, 
act  of  Mar.  2,  18'.)5  (28  Stat.,  808),  and  sec.  0,  act  of  Mar,  1~>,  1898  (SO 
Stat.,  316). 

194.  Copy  of  certificate  of  appointment  of  inspectors  to  be  furnished. — The 
proper  accounting  officer  of  the  Treasury  shall  be  furnished  with  a  copy  of 
the  appointment  of  each  inspector,  weigher,  and  measurer  appointed  under  the 
preceding  section. — Sec.  3112,  R.  S. 


CONTRACTS  AND  PURCHASES.  41 

195.  No  payment  witliout  certificate. — It  shall  not  be  lawful  for  any  account- 
ing officer  to  pass  or  allow  to  the  credit  of  any  disbursing  officer  in  the  District 
of  Columbia  any  money  paid  by  him  for  purchase  of  anthracite  or  bituminous 
coal  or  for  wood,  unless  the  voucher  therefor  is  accompanied  by  a  certificate 
of  the  proper  inspector,  weigher,  and  measurer  that  the  quantity  paid  for  has 
been  determined  by  such  officer. — Sec.  3713,  R.  8. 

196.  Certificate  of  weight  to  be  furnished. — That  no  person  shall  sell  or  de- 
liver any  coal  within  the  limits  of  the  District  of  Columbia  unless  there  shall 
be  delivered  to  the  person  in  charge  of  the  wagon  or  conveyance  used  in  de- 
livering such  coal  a  certificate  duly  signed  by  the  person  selling  the  same  and 
showing  the  weight  of  the  coal  purporting  to  be  delivered  and  weight  of  the 
wagon  or  conveyance  used  in  such  delivery,  the  total  weight  of  coal  and  con- 
veyance, and  the  name  of  the  purchaser. — Sec.  12,  act  of  Mar.  2,  78,95    (28 
Stat,  813). 

197.  Exhibiting  certificate  when  required. — That  no  person  in  charge  of  the 
wagon  or  conveyance  used  in  delivering  coal,  to  whom  the  certificate  mentioned 
in  section  six  of  this  act  has  been  delivered,  shall  neglect  or  refuse  to  exhibit 
such  certificate  to  the  sealer  or  the  assistant  sealer  of  weights  and  measures, 
or  to  any  person  designated  by  them,  or  to  the  purchaser  or  intended  purchaser 
of  the  coal  being  delivered;  and  when  said  officers,  person  so  designated,  or 
such  purchaser  or  intended  purchaser  shall  demand  that  the  weight  shown  by 
such  certificate  be  verified  it  shall  be  the  duty  of  the  person  delivering  such 
coal  to  convey  the  same  forthwith  to  some  public  scale  of  the  District,  or  to 
any  private  scale  the  owner  whereof  shall  consent  to  such  use,  and  to  permit 
the  verifying  of  the  weight  shown,  and  shall,  after  the  delivery  of  such  coal, 
return  forthwith,  with  the  wagon  or  conveyance  used,  to  the  same  scale  and 
verify  the  weight  of  the  wagon  or  conveyance. — flee.  13,  ibid. 

HORSES— PURCHASE  OF. 

198.  Breeding  purposes;  appropriation  not  available  for. — No  part  of  this 
appropriation  shall  be  used  for  breeding  purposes. — Annual  appropriation  acts. 

199.  Appropriation  available  for  breeding  purposes. — That  of  the  sum  thus 
appropriated     *     *     *     may  be  used  by  experiments  in  the  breeding  and  main- 
tenance of  horses  for  military  purposes. — Annual  appropriation  acts,  Depart- 
ment of  Agriculture. 

200.  Horses  for  Cavalry,  Artillery,  and  Indian  Scouts. — Hereafter  all  pur- 
chases of  horses  under  appropriations  for  horses  for  the  Cavalry  and  Artillery 
and  for  the  Indian  scouts  shall  be  made  by  contract,  after  legal  advertisement, 
by  the  Quartermaster's  Department,  under  instructions  of  the  Secretary  of 
War,  the  horses  to  be  inspected  under  the  orders  of  the  General  Commanding  the 
Army;  and  no  horse  shall  be  received  and  paid  for  until  duly  inspected. — Act 
of   July   5,    1884    (23    Stat.,    109.) 

201.  Horses,  mules,  oxen,  wagons,  carts,  drays,  ships,  etc. — Hereafter  all  pur- 
chases of  horses,  mules,  or  oxen,  wagons,  carts,  drays,  ships,  and  other  seagoing 
vessels,  also  all  other  means  of  transportation,  shall  be  made  by  the  Quarter- 
master's Department,  by  contract,  after  due  legal  advertisement,  except  in  cases 
of  extreme  emergency. — Ibid.,  p.  110. 


42  CONTRACTS  AND  PURCHASES. 

202.  At  military  posts  and  stations. — When  practicable,  horses  shall  be  pur- 
chased in  open  market  at  all  military  posts  and  stations,  when  needed,  at  a 
maximum  price  to  be  fixed  by  the  Secretary  of  War. — Annual  appropriation  act. 

203.  Number  of  draft  animals  limited. — The  number  of  draft  .animals  pur- 
chased from  this  appropriation,  added  to  those  now  on  hand,  shall  be  limited 
to  such  numbers  as  are  actually  required  for  the  service. — Act  of  July  5,  1S84 
(23  Stat.,  109)  ;  act  of  Mar.  2,  1901  (31  Stat.,  967}.     (See  annual  appropriation 
acts. ) 

204.  Draft  and  pack  animals. — For  the  purchase  and  hire  of  draft  and  pack 
animals   in   such   numbers  as  are  actually   required   for   the  service. — Act  of 
Aug.  29,  1916  (39  Stat.,  634).     (See  annual  appropriation  acts.) 

205.  Appropriation  for  Cavalry,  Artillery,  and  Engineer  horses. — Horses  for 
Cavalry,  Artillery,  Engineers,  and  so  forth :  For  the  purchase  of  horses  of  ages, 
sex,  and  size  as  may  be  prescribed  by  the  Secretary  of  War,  for  remounts, 
for  officers  entitled  to  public  mounts,  for  the  Cavalry,  Artillery,  Signal  Corps, 
and  Engineers,  the  United  States  Military  Academy,  service  schools,  and  staff 
colleges,  and  for  the  Indian  scouts,  and  for  such  Infantry  and  members  of  the 
Hospital  Corps  in  field  campaigns  as  may  be  required  to  be  mounted,  and  the 
expenses  incident  thereto,  and  for  the  hire  of  employees:  Provided,  That  the 
number'of  horses  purchased  under  this  appropriation,  added  to  the  number  now 
on  hand,  shall  be  limited  to  the  actual  needs  of  the  mounted  service,  including 
reasonable  provisions  for  remounts,  and,  unless  otherwise  ordered  by  the  Sec- 
retary of  War,  no  part  of  this  appropriation  shall  be  paid  out  for  horses  not 
purchased  by  contract  after  competition  duly  invited  by  the  Quartermaster 
Corps  and  an  inspection  under  the  direction  and  authority  of  the  Secretary  of 
War.    When  practicable  horses  shall  be  purchased  in  open  market  at  all  mili- 
tary posts  or  stations,  when  needed,  at  a  maximum  price  to  be  fixed  by  the  Sec- 
retary of  War :  Provided  further,  That  no  part  of  this  appropriation  shall  be 
expended  for  the  purchase  of  any  horses  below  the  standard  set  by  Army  Regu- 
lations for  Cavalry  and  Artillery  horses,  except  when  purchased  as  remounts  or 
for  instruction  of  cadets  at  the  United  States  Military  Academy:  Provided,  That 
no  part  of  this  appropriation  shall  be  expended  for  polo  ponies,  except  for  the 
West  Point  Military  Academy,  and  such  ponies  shall  not  be  used  at  any  other 
place. — Annual  appropriation  acts. 

206.  Purchase  of  owned  horses. — Hereafter  when  a  mounted  officer  is  ordered 
to  duty  beyond  the  seas  or  to  make  a  change  of  station  in  the  United  States  in 
which  the  cost  of  transportation  for  his  authorized  number  of  owned  horses 
exceeds  the  sum  at  the  time  allowed  for  that  purpose  in  the  Army  Regulations, 
the   Secretary   of  War   is   authorized,   under   such   regulations   in   respect   to 
inspection  and  valuation  as  he  may  prescribe,  in  his  discretion,  to  permit  the 
purchase  of  said  horses  by  the  Quartermaster  Department,   at  a  price   not 
exceeding  the  average  contract  price  paid  for  horses  during  the  preceding  fiscal 
year,  the  exact  price  to  be  fixed  by  a  board  of  officers. — Act  of  Mar.  23,  1910 
(36  Stats.,  254). 

207.  Field  Artillery,  Organised  Militia. — The  funds  appropriated  by  section 
sixteen  hundred  and  sixty-one,  Revised  Statutes,  and  by  the  act  entitled  "An 
act  to  promote  the  efficiency  of  the  militia,  and  for  other  purposes,"  approved 
May  twenty-seventh,  nineteen  hundred  and  eight,  as  amended,  shall  be  available 
for  the  purchase,  under  sueh  regulations  as  the  Secretary  of  War  may  prescribe 


CONTRACTS  AND  PURCHASES.  43 

of  horses  conforming  to  the  Regular  Army  standards,  said  horses  to  remain 
the  property  of  the  United  States  and  to  be  for  the  sole  continuous  use  of  the 
Field  Artillery  of  the  Organized  Militia.— Act  of  Alar.  /,,  1915  (38  Stat.,  1071). 

208.  Same — Condemned  Army  horses  to  be  issued  to. — The  Secretary  of  War 
may,  under  the  provisions  of  this  act  and  such  regulations  as  he  may  prescribe, 
issue  to  the  Field  Artillery  organizations  hereinbefore  mentioned  and  without 
cost  to  the  State,  condemned  Army  horses  which  are  no  longer  fit  for  service 
but  may  still  be  suitable  for  purposes  of  instruction,  the  same  to  be  sofd  as 
now  provided  by  law  when  the  latter  purpose  has  been  served. — Ibid. 

209.  Issue  of  public  animals  to  National  Guard;  allowance  of  pack  mules. — 
The  Secretary  of  War  is  hereby  authorized  to  transfer  to  those  organizations 
of  the  National  Guard  entitled  thereto  such  number  of  horses  and  pack  mules 
purchased  by  the  Quartermaster  Corps  of  the  Army  under  the  provisions  of 
the  act  of  July  first,  nineteen  hundred  and  sixteen,  not  required  for  the  proper 
equipment  of  organizations  of  the  Regular  Army,  that  can  be  issued  to  National 
Guard   organizations   under   the   regulations   prescribed  *by   the   Secretary   of 
War,  all  expenses  incident  to  such  transfer  to  be  met  from  appropriations  made 
for  and  on  behalf  of  the  National  Guard;  pack  mules  so  transferred  may  be 
issued  not  to  exceed  six  to  any  one  radio  company,  machine-gun  troop  or  com- 
pany, or  four  to  any  one  ambulance  company,  under  such  regulations  as  the 
Secretary  of  War  may  prescribe. — Act  of  May  12,  1917  (40  Stat.,  65). 

OFFICERS  NOT  TO  BE  INTERESTED  IN  PURCHASE   OR  SALE. 

210.  Of  rations,  tobacco,  or  articles  purchased  for  sales. — No  officer  belonging 
to  the  Subsistence  Department  or  doing  the  duty  of  a  subsistence  officer  shall 
be  concerned,  directly  or  indirectly,  in  the  purchase  or  sale  of  any  article  enter- 
ing into  the  composition  of  the  ration  allowed  to  troops  in  the  service  of  the 
United  States,  or  of  any  article  designated  by  the  inspectors  general  of  the 
Army  and  furnished  for  sale  to  officers  and  enlisted  men  at  cost  prices,  or  of 
tobacco  furnished  for  sale  to  enlisted  men,  except  on  account  of  the  United 
States,  nor  shall  any  such  officer  take  or  apply  to  his  own  use  any  gain  or 
emolument  for  negotiating  or  transacting  any  business  connected   with  the 
duties  of  his  office  other  than  that  which  may  be  allowed  by  law. — Sec.  1150, 
R.  8. 

211.  Quartermasters  and  assistant  quartermasters. — No  officer  belonging  to 
the   Quartermaster's   Department,   or  doing  the  duty  of  a  quartermaster  or 
assistant  quartermaster  shall  be  concerned,  directly  or  indirectly  in  the  pur- 
chase or  sale  of  any  article  intended  for  or  appertaining  to  said  department 
of  service,  except  on  account  of  the  United  States;  nor  shall  any  such  officer 
take  or  apply  to  his  own  use  any  gain  or  emolument  for  negotiating  or  transact- 
ing any  business  connected  with  the  duties  of  his  office  other  than  that  which 
may  be  allowed  by  law. — Sec.  1138,  R.  S. 

OPENING   OF   BIDS— BIDDERS'   BONDS. 

212.  Rules  and  regulations  to  be  prescribed  by  Secretary  of  War. — The  Secre- 
tary of  War  is  hereby  authorized  to  prescribe  rules  and  regulations  to  be  ob- 
served in  the  preparation  and  submission  and  opening  of  bids  for  contracts 
under  the  War  Department. — Act  of  Apr.  10,  1878  (20  Stat.,  36),  as  amended  by 
act  of  Mar.  3,  1883  (22  Stat.,  487). 


44  CONTRACTS   AND   PURCHASES. 

213.  Bidders'  bonds;  failure  to  fulfill  contract. — He  may  require  every  bid  to 
be  accompanied  by  a  written  guaranty,  signed  by  one  or  more  responsible  per- 
sons, to  the  effect  that  he  or  they  undertake  that  the  bidder,  if  his  bid  is 
accepted,  will,  at  such  time  as  may  be  prescribed  by  the  Secretary  of  War  or 
the  officer  authorized  to  make  a  contract  in  the  premises,  give  bond  with  good 
and   sufficient  sureties  to  furnish   the  supplies  proposed   or   to  perform   the 
service  required.     If  after  the  acceptance  of  a  bid  and  a  notification  thereof 
to  the  bidder  he  fails  within  the  time  prescribed  by  the  Secretary  of  War  or 
othet  duly  authorized  officer  to  enter  into  a  contract  and  furnish  a  bond  with 
good  and  sufficient  security  for  the  proper  fulfillment  of  its  terms,  the  Secre- 
tary  or  other  authorized  officer   shall  proceed  to   contract  with   some   other 
person  to  furnish  the  supplies  or  perform  the  service  required,  and  shall  forth- 
with cause  the  difference  between  the  amount  specified  by  the  bidder  in  default 
in   the   proposal   and   the   amount   for   which   he  may   have   contracted   with 
another  party  to  furnish  the  supplies  or  perform  the  service  for  the  whole  pe- 
riod of  the  proposal  to  be  charged  up  against  the  bidder  and  his  guarantor  or 
guarantors,  and  the  sum  may  be  immediately  recovered  by  the  United  States 
for  the  use.  of  the  War  Department  in  an  action  of  debt  against  either  or  all 
of  such  persons; — Ibid. 

214.  Bidders  to  be  notified  of  time  and  place. — Whenever  proposals  for  sup- 
plies have  been  solicited,  the  parties  responding  to  such  solicitation  shall  be 
duly  notified  of  the  time  and  place  of  opening  of  bids  and  be  permitted  to  be 
present  either  in  person  or  by  attorney,  and  a  record  of  each  bid  shall  then 
and  there  be  made. — Sec.  3710,  R.  S. 

PREPARATION    AND    EXECUTION    OF    CONTRACTS. 

215.  Contracts  to  be  in  icritina;  copy  to  be  filed. — It  shall  be  the  duty  of  the 
Secretary  of  War    *    *    *    to  cause  and  require  every  contract  made    *     *     * 
on  behalf  of  the  Government,  or  by  officers  under  them  appointed  to  make  such 
contracts,  to  be  reduced  to  writing  and  signed  by  the  contracting  parties  with 
their  names  at  the  end  thereof,  a  copy  of  which  shall  be  filed  by  the  officer  mak- 
ing and  signing  the  contract  in  the  Returns  Office  of  the  Department  of  the  Inte- 
rior, as  soon  after  the  contract  is  made  possible,  and  within  thirty  "days,  to- 
gether with  all  bids,  offers,  and  proposals  to  him  made  by  persons  to  obtain  the 
same,  and  with  a  copy  of  any  advertisement  he  may  have  published  inviting  bids, 
offers,  or  proposals  for  the  same.    All  the  copies  and  papers  in  relation  to  each 
contract  shall  be  attached  together  by  a  ribbon  and  seal  and  marked  by  numbers 
in  regular  order,  according  to  the  number  of  papers  composing  the  whole  re- 
turn.—Sec.  3744,  R.  8. 

216.  Oath  to  contract. — It  shall  be  the  further  duty  of  the  officer  before 
making  his  return  according  to  the  preceding  section  to  affix  to  the  same  his  affi- 
davit in  the  following  form,  sworn  to  before  some  magistrate  having  authority 
to  administer  oaths :  "  I  do  solemnly  swear  (or  affirm)  that  the  copy  of  contract 
hereto  annexed  is  an  exact  copy  of  a  contract  made  by  me  personally  with  —      — ; 
that  I  made  the  same  fairly,  without  any  benefit  or  advantage  to  myself  or  allow- 
ing any  such  benefit  or  advantage  corruptly  to  the  said  —       —  or  any  other  per- 
son; and  that  the  papers  accompanying  include  all  those  relating  to  the  said 
contract,  as  required  by  the  statute  in  such  case  made  and  provided." — Sec. 
S745,  R.  S'. 

217.  Penalty  for  failure  to  make  return. — Every  officer  who  makes  any  con- 
tract, and  fails  or  neglects  to  make  return  of  the  same,  according  to  the  prort- 


CORRESPONDENCE OFFICIAL.  45 

sions  of  the  two  preceding  sections,  unless  from  unavoidable  accident  or  causes 
riot  within  his  control,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be 
fined  not  less  than  one  hundred  dollars  nor  more  than  five  hundred  dollars  and 
•imprisoned  not  more  than  six  months. — Sec.  3746,  R.  S. 

218.  Printed  instructions,  blank  forms,  etc.,  to  be  furnished. — It  shall  be  the 
duty  of  the  Secretary  of  War,  of  the  Secretary  of  the  Navy,  and  of  the  Secretary 
of  the  Interior  to  furnish  every  officer  appointed  by  them  with  authority  to  make 
contracts  on  behalf  of  the  Government  with  a  printed  letter  of  instructions,  set- 
ting forth  the  duties  of  such  officer  under  the  two  preceding  sections,  and  also 
TO  furnish  therewith  forms,  printed  in  blank,  of  contracts  to  be  made  and  the 
affidavit  of  returns  required  to  be  affixed  thereto,  so  that  all  the  instruments 
may  be  as  nearly  uniform  as  possible. — Sec.  3747,  R.  S. 

219.  Advances  of  money  to  be  deposited. — All  contracts  to  be  made,  by  virtue 
•of  any  law  and  requiring  the  advance  of  money,  or  in  any  manner  connected 
with  the  settlement  of  public  accounts,  shall  be  deposited  promptly  in  the  offices 
of  the  Auditors  of  the  Treasury,  according  to  the  nature  of  the  contracts :  Pro- 
vided, That  this  section  shall  not  apply  to  the  existing  laws  in  regard  to  the 
-contingent  funds  of  Congress. — Sec.  3743,  R.  S.,  as  amended  by  act  of  Feb.  27, 
JS77  (19  Stat.,  2^9),  and  sec.  18,  act  of  July  31,  1894  (28  Stat.,  210). 

CORRESPONDENCE— OFFICIAL. 

220.  To  be  free  of  postage. — It  shall  be  lawful  to  transmit  through  the  mail, 
free  of  postage,  any  letters,  packages,  or  other  matters  relating  exclusively  to 
the  business  of  the  Government  of  the  United  States:  Provided,  That  every 
such  letter  or  package  to  entitle  it  to  pass  free  shall  bear  over  the  words 
11  Official  business  "  an  indorsement  showing  also  the  name  of  the  department, 
and,  if  from  a  bureau  or  office,  the  names  of  the  department  and  bureau  or 
office,  as  the  case  may  be,  whence  transmitted. — Sec.  5,  act  of  Mar.  3,  ^877  (19 
Stat.,  335). 

221.  Envelopes  to  be  contracted  for  by  Postmaster  General. — The  Postmaster 
General  shall  contract  for  all  envelopes,  stamped  or  otherwise,  designed  for  sale 
to  the  public  or  for  use  by  his  own  or  other  departments,  and  may  contract  for 
them  to  be  plain  or  with  such  printed  matter  as  may  be  prescribed  by  the 
department  making  requisition  therefor :  Provided,  That  no  envelope  furnished 
by  the  Government  shall  contain  any  business  address  or  advertisement. — Sec. 
<)6.  act  of  Jan.  12,  1895  (28  Stat.,  624). 

222.  Penalty  envelope  may  be  inclosed  for  reply  to  official  correspondence. — 
Any  department  or  officer  authorized  to  use  the  penalty  envelopes  may  inclose 
them  with  return  address  to  any  person  or  persons  from  or  through  whom 
official  information  is  desired,  the  same  to  be  used  only  to  cover  such  official 
information  and  indorsements   relating   thereto. — Sec.  3,  act  of  July  5,   1884 
(23  Stat.,  158). 

223.  May   be   registered   free;  part-paid   letters,   etc.,   free. — Any   letter   or 
packet  to  be  registered  by  either  of  the  executive  departments  or  bureaus 
thereof,  or  by  the  Agricultural  Department  or  by  the  Public  Printer,  may  be 
registered  without  the  payment  of  any  registry  fee ;  and  any  part-paid  letter  or 
packet  addressed  to  either  of  said  departments  or  bureaus  may  be  delivered 
free;  but  where  there  is  good  reason  to  believe  the  omission  to  prepay  the 
full  postage  thereon  was  intentional  such  letter  or  packet  shall  be  returned  to 
the  sender. — Ibid. 


46  FLAG    OF   THE    UNITED    STATES. 

FLAG  OF  THE  UNITED  STATES. 

224.  Description  of. — The  flag  of  the  United  States  shall  be  thirteen  hori- 
zontal stripes,  alternate  red  and  white;  and  the  union  of  the  flag  shall  be 
thirty-seven  stars,  white  in  a  blue  field. — Sec.  1791,  R.  S. 

225.  Addition  of  a  star  for  every  new  State. — On  the  admission  of  a  new 
State  into  the  Union  one  star  shall  be  added  to  the  union  of  the  flag ;  and  such 
addition  shall  take  effect  on  the  fourth  day  of  July  then  next  succeeding  such 
admission. — Sec.  1792,  R.  S. 

226.  Retention  of  colors  by  volunteer  regiments  authorized. — The  Secretary 
of  War  be,  and  he  is  hereby,  authorized  to  permit  volunteer  regiments,  on  being 
mustered  out  of  the  service  of  the  United  States,  to  retain  all  of  their  regi- 
mental colors.     Said  colors  shall  be  turned  over  to  the  State  authorities  to 
which  said  regiments  belong,  and  the  regimental  quartermaster  in  making  his 
returns  may,  in  lieu  of  said  colors  and  in  full  release  therefor,  file  with  the 
proper  officials  of  the  War  Department  a  receipt  from  the  quartermaster  general 
of  said  State  that  said  colors  have  been  delivered  to  said  State  authorities. — 
Act  of  Feb.  25,  1899  (80  Stat.,  890). 

227.  Use  of  in  registering  trade-marks  prohibited. — No  mark  by  which  the 
goods  of  the  owner  of  the  mark  may  be  distinguished  from  other  goods  of  the 
same  class  shall  be  refused  registration  as  a  trade-mark  on  account  of  the 
nature  of  such  mark  unless  such  mark     *     *     *     (b)  consists  of  or  comprises 
the  flag  or  coat  of  arms  or  other  insignia  of  the  United  States,  or  any  simulation 
thereof,  or  of  any  State  or  municipality,  or  of  any  foreign  nation. — Act  of  Feb. 
20,  1905  (33  Stat.,  725). 

228.  Punishment  for  the  desecration,  mutilation,  or  improper  use  of  within 
the  District  of  Columbia. — That  hereafter  any  person  who,  within  the  District 
of  Columbia,  in  any  manner,  for  exhibition  or  display,  shall  place  or  cause  to 
be  placed  any  word,  figure,  mark,  picture,  design,  drawing  or  any  advertisement 
of  any  nature  upon  any  flag,  standard,  colors,  or  ensign  of  the  United  States 
of  America ;  or  shall  expose  or  cause  to  be  exposed  to  public  view  any  such  flag, 
standard,  colors,  or  ensign  upon  which  shall  have  been  printed,  painted,  or 
otherwise  placed,  or  to  which  shall  be  attached,  appended,  affixed,  or  annexed 
any  word,  figure,  mark,  picture,  design,  or  drawing,  or  any  advertisement  of 
any  nature;  or  who,  within  the  District  of  Columbia,  shall  manufacture,  sell, 
expose  for  sale  or  to  public  viewT,  or  give  away  or  have  in  possession  for  sale 
or  to  be  given  away  or  for  use  for  any  purpose,  any  article  or  substance  being 
an  article  of  merchandise,  or  a  receptacle  for  merchandise  or  article  or  thing 
for  carrying  or  transporting  merchandise,  upon  which  shall  have  been  printed, 
painted,  attached,  or  otherwise  placed  a  representation  of  any  such  flag,  stand- 
ard, colors,  or  ensign,  to  advertise,  call  attention  to,  decorate,  mark,  or  dis- 
tinguish the  article  or  substance  on  which  so  placed ;  or  who,  within  the  District 
of  Columbia,  shall  publicly  mutilate,  deface,  defile  or  defy,  trample  upon  or  cast 
contempt,  either  by  word  or  act.  upon  any  such  flag,  standard,  colors,  or  ensign, 
shall  be  deemed  guilty  of  a  misdemeanor  and  shall  be  punished  by  a  fine  not 
exceeding  $100  or  by  imprisonment  for  not  more  than  thirty  days,  or  both,  in 
the  discretion  of  the  court.     The  words  "  flag,  standard,  colors,  or  ensign,"  as 
used  herein,  shall  include  any  flajr.  standard,  colors,  ensign,  or  any  picture  or 
representation  of  either,  or  of  any  part  «>r  parts  of  either,  made  of  any  sub 


NATIONAL   CEMETERIES.  47 

Ftance  or  represented  on  any  substance,  of  any  size  evidently  purporting  to  be 
either  of  said  flag,  standard,  colors,  or  ensign  of  the  United  States  of  America 
or  a  picture  or  a  representation  of  either,  upon  which  shall  be  shown  the  colors, 
tho  stars  and  the  stripes,  in  any  number  of  either  thereof,  or  of  any  part  or 
parts  of  either,  by  which  the  average  person  seeing  the  same  without  delibera- 
tion may  believe  the  same  to  represent  the  flag,  colors,  standard,  or  ensign  of  the 
United  States  of  America. — Act  of  Feb.  S,  1917  (39  Stat.,  900). 

MEDALS  AND  BADGES. 

229.  Congressional  medal  to  volunteers  for  service  in  suppressing  Philippine 
insurrection. — The  Secretary  of  War  be,  and  he  is  hereby,  authorized  and  di- 
rected to  procure  a  bronze  medal,  with  suitable  device,  to  be  presented  to  each 
of  the  several  officers  and  enlisted  men  and  families  of  such  as  may  be  dead, 
who,  having  volunteered  and  enlisted  under  calls  of  the  President  for  the  War 
with  Spain,  served  beyond  the  term  of  their  enlistment  to  help  to  suppress  the 
Philippine  insurrection,  and  who  subsequently  secured  an  honorable  discharge 
from  the  Army  of  the  United  States,  or  who  died  prior  to  such  discharge. — 
Act  of  June  29,  1906  (34  Stat.,  621). 

230*  Certificates  of  merit. — When  any  enlisted  man  of  the  Army  shall  have 
distinguished  himself  in  the  service,  the  President  may,  at  the  recommendation 
of  the  commanding  officer  of  the  regiment  or  the  chief  of  the  corps  to  which 
such  enlisted  man  belongs,  grant  him  a  certificate  of  merit. — Sec.  1216,  R.  S.,  as 
amended  by  act  of  Mar.  29,  1S92  (27  Stat.,  12). 

NATIONAL  CEMETERIES. 

CAKE  AND  MAINTENANCE   OF. 

231.  Secretary  of  War  to  submit  annual  estimate. — The  Secretary  of  War 
shall  provide  for  the  care  and  maintenance  of  the  national  military  cemeteries, 
and  for  this  purpose  shall  submit  an  estimate  with  his  annual  estimates  to 
Congress,  and  section  4876  of  the  Revised  Statutes  is  hereby  repealed. — Act  of 
July  24,  1876   (19  Stat.,  99). 

232.  Acquisition  of  land  by  purchase,  etc. — The  Secretary  of  War  shall  pur- 
chase from  the  owners  thereof,  at  such  price  as  may  be  mutually  agreed  upon 
between  the  Secretary  and  such  owners,  such  real  estate  as  in  his  judgment  is 
suitable  and  necessary  for  the  purpose  of  carrying  into  effect  the  provisions 
for  national  cemeteries,  and  obtain  from  such  owners  the  title  in  fee  simple 
for  the  same.     And  in  case  the  Secretary  of  War  is  not  able  to  agree  with 
any  owner  upon  the  price  to  be  paid  for  Viny  real  estate  needed  for  such  purpose, 
or  to  obtain  from  such  owner  title  in  -fee  simple  for  the  same,  the  Secretary  is 
hereby  authorized  to  enter  upon  and  appropriate  any  real  estate  .which,  in  his 
judgment,  is  suitable  and  necessary  for  such  purposes. — Sec.  4870,  R.  S. 

233.  Appraisement  of  real  estate  ichen  taken. — The  Secretary  of  War,  or  the 
owners  of  any  real  estate  thus  entered  upon  and  appropriated,  are  authorized 
to  make  application  for  an  appraisement  of  real  estate  thus  entered  upon  and 
appropriated  to  any  circuit  or  district  court  within  any  State  or  district  where 
such  real  estate  is  situated ;  and  such  court  shall,  upon  such  application,  and  in 
such  mode  and  under  such  rules  and  regulations  as  it  may  adopt,  make  a  just 
and  equitable  appraisement  of  the  cash  value  of  the  several  interests  of  each 
and  every  owner  of  such  real  estate  and  improvements  thereon. — Sec.  4871,  R.  S. 


48  NATIONAL   CEMETERIES. 

234.  Payment   of  appraised   value. — When   appraisement  of   the   real   estate 
thus  entered  upon  and  appropriated  has  been  made  under  the  order  and  direc- 
tion of  the  court,  the  fee  simple  thereof  shall,  upon  payment  to  the  owner  of 
the  appraised  value,  or  in  case  such  owner  refuses  or  neglects  for  thirty  days 
after  the  appraisement  of  the  cash  value  of  the  real  estate  or  improvements  as 
aforesaid  to  demand  the  saine  from  the  Secretary  of  War  upon  depositing  the 
appraised  value  in  the  court  making  such  appraisement  to  the  credit  of  such 
owner,  be  vested  in  the  United  States,  and  its  jurisdiction  over  such  real  estate 
shall  be  exclusive  and  the  same  as  its  jurisdiction  over  real  estate  purchased, 
ceded,  or  appropriated  for  the  purposes  of  navy  yards,  forts,  and  arsenals.     The 
Secretary  of  War  is  authorized  and  required  to  pay  to  the  several  owner  or 
owners,  respectively,  the  appraised  value  of  the  several  pieces  or  parcels  of 
real  estate,  as  specified  in  the  appraisement  of  any  of  such  courts,  or  to  pay 
into  any  of  such  courts  by  deposit,  as  hereinbefore  provided,  the  appraised  value ; 
and  the  sum  necessary  for  such  purpose  may  be  taken 'from  any  moneys  appro- 
priated for  the  purposes  of  national  cemeteries. — Sec.  4872,  R.  8. 

235.  Purchase  of  additional  land  in  Cave  Hill  Cemetery. — For  the  purchase 
of  additional  land   in  Cave  Hill  Cemetery,  at  Louisville,   Kentucky,  for  the 
burial  of  soldiers  of  the  Union  Army  in  the  late  Civil  War  and  in  the  War  with 
Spain,  twenty-five  thousand  dollars:  Provided,  That  the  amount  of  land  herein 
authorized  to  be  purchased  and  the  price  paid  therefor  shall  be  within  the  dis- 
cretion of  the  Secretary  of  War. — Act  of  Aug.  2Jf,  1912  (37  Stat.,  440). 

INCLOSURES,  HEADSTONES,  AM)  REGISTERS. 

236.  Authority  for. — In  the  arrangement  of  the  national   cemeteries  estab- 
lished for  the  burial  of  deceased  soldiers  and  sailors,  the  Secretary  of  War  is 
hereby  directed  to  have  the  same  inclosed  with  a  good  and  substantial  stone 
or  iron  fence;  and  to  cause  each  grave  to  be  marked  with  a  small  headstone 
or  block,  which  shall  be  of  durable  stone,  and  of  such  design  and  weight  as 
shall  keep  it  in  place  when  set,  and  shall  bear  the  name  of  the  soldier  and  the 
name  of  his  State  inscribed  thereon',  when  the  same  are  known,  and  also  with 
the  number  of  the  grave  inscribed  thereon,  corresponding  with  the  number 
opposite  to  the  name  of  the  party  in  a  register  of  burials  to  be  kept  at  each 
cemetery  and  at  the  office  of  the  Quartermaster  General,  which  shall  set  forth 
the  name,  rank,  company,  regiment,  and  date  of  death  of  the  officer  or  soldier ; 
or  if  these  are  unknown,  it  shall  be  so  recorded. — Sec.  4877,  R.  S. 

237.  Headstones  for  soldiers  buried  in  priratc,  village,  or  city  cemeteries. — 
That  the  Secretary  of  War  is  hereby  authorized  to  erect  headstones  over  the 
graves  of  soldiers  who  served  in  the  Regular  or  Volunteer  Army  of  the  United 
States  during  the  war  for  the  Union,  and  who  have  been  buried  in  private, 
village,  or  city  cemeteries,  in  the  same  manner  as  provided  by  the  law  of 
March  third,-  eighteen  hundred  and  seventy-three,  for  those  interred  in  na- 
tional military  cemeteries ;  and  for  this  purpose,  and  for  the  expenses  incident 
to  such  work,  so  much  of  the  appropriation  of  one  million  dollars,  made  in  the 
act  above  mentioned,  as  has  not  been  expended,  and  as  may  be  necessary,  Is 
hereby  made  available.— Act  of  Feb.  3,  1879  (20  Stat.t  281). 

238.  Records  to  In    ntnintainctl   in    War  Ih-jmrtnient-  -The  Secretary  of  War 
shall  cause  to  be  preserved  in  the  records  of  his  department  the  names  and 
places  of  burial  of  all  soldiers  for  whom  such  headstones  shall   have  been 
erected  by  authority  of  this  or  any  former  acts. — Ibid. 


NATIONAL  CEMETERIES.  49 

239.  Marking  graves  of  civilians  in  post  cemeteries. — For  supplying  stone 
markers  for  civilian  graves  in  post  cemeteries     *     *     *     dollars. — Act  of  Apr. 
28,  1904  (33  Stat.,  496). 

240.  Marking  graves  of  Confederates  who  died  in  Federal  prisons  and  mili- 
tary hospitals  in  the  North. — That  the  Secretary  of  War  be,  and  he  is  hereby, 
authorized  and  directed  to  ascertain  the  locations  and  condition  of  all  the  graves 
of  the  soldiers  and  sailors  of  the  Confederate  Army  and  Navy  in  the  late 
Civil  War,  eighteen  hundred  and  sixty-one  to  eighteen  hundred  and  sixty-five, 
who  died  in  Federal  prisons  and  military  hospitals  in  the  North  and  who  were 
buried  near  their  places  of  confinement;  with  the  power  in  his  discretion  to 
acquire  possession  or  control  over  all  grounds  where  said  prison  dead  are 
buried  not  now  possessed  or  under  the  control  of  the  United  States  Govern- 
ment; to  cause  to  be  prepared  accurate  registers  in  triplicate,  one  for  the 
superintendent's  office  in  the  cemetery,  one  for  the  Quartermaster  General's 
office,  and  one  for  the  War  Record's  Office,  Confederate  archives,  of  the  places 
of  burial,  the  number  of  the  grave,  the  name,  company,  regiment,  or  vessel, 
and  State  of  each  Confederate  soldier  and  sailor  who  so  died,  by  verification 
with  the  Confederate  archives  in  the  War  Department  at  Washington,  District 
of  Columbia ;  to  cause  to  be  erected  over  said  graves  white  marble  headstones 
similar  to  those  recently  placed  over  the  graves  in  the  "  Confederate  section  "  in 
the  national   cemetery   at  Arlington,   Virginia,   similarly   inscribed;   to  build 
proper  fencing  for  the  preservation  of  said  burial  grounds,  and  to  care  for  said 
burial  grounds  in  all  proper  respects  not  herein  specifically  mentioned,  the  said 
work  to  be  completed  within  two  years,  at  the  end  of  which  a  report  of  the 
same  shall  be  made  to  Congress.    That  for  the  carrying  out  of  the  objects  set 
forth  herein  there  be  appropriated  out  of  any  money  in  the  Treasury  of  the 
United  States  not  otherwise  apropriated  the  sum  of  two  hundred  thousand 
dollars,  or  so  much  thereof  as  may  be  necessary.    And  the  Secretary  of  War 
is  hereby  authorized  and  directed  to  appoint  some  competent  person  as  com- 
missioner to  ascertain  the  location  of  such  Confederate  graves  not  heretofore 
located,  and  to  compare  the  names  of  those  already  marked  with  the  registers 
in  the  cemeteries,  and  correct  the  same  when  found  necessary  as  preliminary 
to  the  work  of  marking  the  graves  with  suitable  headstones,  and  to  fix  the 
compensation  of  said  commissioner  at  the  rate  of  not  to  exceed  two  thousand 
five  hundred  d9llars  per  annum,  who  shall  be  allowed  necessary  traveling  ex- 
penses.--Act  of  Mar.  9,  1906  (34  Stat.,  56). 

241.  Same,  extended,  fiscal  year  1915. — That  the  act  entitled  "An  act  to  pro- 
vide for  the  appropriate  marking  of  the  graves  of  soldiers  and  sailors  of  the 
Confederate  Army  and  Navy  who  died  in  northern  prisons  and  were  buried  near 
the  prisons  where  they  died,  and  for  other  purposes,"  approved  March  ninth, 
nineteen  hundred  and  six,  and  continued  in  full  force  and  effect  for  two  years 
by   joint   resolution   approved   February   twenty-sixth,    nineteen   hundred   and 
eight,  and  for  the  additional  period  of  one  year  by  a  joint  resolution  approved 
February  twenty-fifth,  nineteen  hundred  and  ten,  and  for  the  further  additional 
period  of  two  years  by  a  joint  resolution  approved  December  twenty-third,  nine- 
teen hundred  and  ten,  is  continued  in  full  force  and  effect  for  two  years  from 
this  date ;  and  the  unexpended  balance  of  the  appropriation  made  by  said  act  of 
March  ninth,  nineteen  hundred  and  six,  is  continued  and  made  applicable  for 
expenditure  during  the  additional  period  of  two  years  herein  provided  for: 
Provided,  That  hereafter  the  provisions  of  said  act  shall  include  and  apply  to 
the  graves  of  Confederate  soldiers  and  sailors  lying  in  all  national  cemeteries 

49392—18 4* 


50  NATIONAL   CEMETERIES. 

and  cemeteries  at  Federal  military  stations,  or  localities  throughout  the  country  : 
Provided  further,  That  the  compensation  of  the  commissioner  shall  be  fixed  by 
the  Secretary  of  War.— Act  of  Mar.  14,  1914  (38  Stat.,  768). 

242.  Same,  extended,  fiscal  year  1917. — That  the  act  entitled  "An  act  to  pro- 
vide for  the  appropriate  marking  of  the  graves  of  the  soldiers  and  sailors  of  the 
Confederate  Army  and  Navy  who  died  in  northern  prisons  and  were  buried  near 
the  prisons  where  they  died,  and  for  other  purposes,"  approved  March  ninth, 
nineteen  hundred  and  six ;  and  continued  in  full  force  and  effect  for  two  years 
by   joint   resolution   approved   February   twenty-sixth,    nineteen   hundred   and 
eight ;  and  for  the  additional  period  of  one  year  by  a  joint  resolution  approved 
on  February  twenty-fifth,  nineteen  hundred  and  ten;  and  for  the  additional 
period  of  two  years  by  a  joint  resolution  approved  December  twenty-third,  nine- 
teen hundred  and  ten ;  and  for  the  further  additional  period  of  two  years  by  a 
joint  resolution  approved  March  fourteenth,  nineteen  hundred  and  fourteen,  be, 
and  the  same  is  hereby,  continued  in  full  force  and  effect  for  two  years  from 
the  expiration  of  the  present  continuation,  March  thirteenth,  nineteen  hundred 
and  sixteen ;  and  the  unexpended  balance  of  the  appropriation  made  by  said  act 
of  March  ninth,  nineteen  hundred  and  six,  is  continued  and  made  applicable  for 
expenditure  during  the  additional  period  of  two  years  herein  provided  for: 
Provided,  That  the  triplicate  registers  provided  for  in  the  original  act  shall 
include  the  time  and  place  of  death  of  each  Confederate  soldier  prisoner  of  war : 
Provided  further,  That  the  compensation  of  the  commissioner  shall  be  fixed  by 
the  Secretary  of  War.— Act  of  Apr.  17,  1916  (39  Stat.,  52). 

243.  Monuments,  or  tablets  in  Cuba  and   China. — For   marking   the   places 
where  American  soldiers  fell  and  were  temporarily  interred  in  Cuba  and  China. 
*     *     *     dollars,  said  sum  to  be  immediately  available. — A'ct  of  Mar.  3,  1905 
(33  Stat.,  1196). 

244.  For  marking  the  places  where  American  soldiers  fell  and  were  tempo- 
rarily interred  in  Cuba  and  China,     *     *     *     dollars,  said  sum  to  be  immedi- 
ately available.— Act.  of  Mar.  2,  1907  (34  Stat.,  1175). 

245.  For  repairs  and  preservation  of  monuments,  tablets,  roads,  fences,  and 
so  forth,  made  and  constructed  by  the  United  States  in  Cuba  and  China  to  mark 
the  places  where  American  soldiers  fell,     *     *     *     dollars. — Act  of  Aug.  24, 
1912  (37  Stat.,  441). 

INTERMENTS. 

246.  Honorably  discharged  soldiers,  sailors,  and  marines. — All  soldiers,  sailors,, 
or  marines,  dying  in  the  service  of  the  United  States,  or  dying  in  a  destitute 
condition,  after  having  been  honorably  discharged  from  the  service,  or  who 
served  during  the  late  war,  either  in  the  regular  or  volunteer  forces,  may  be 
buried  in  any  national  cemetery  free  of  cost.    The  production  of  the  honorable 
discharge  of  a  deceased  man  shall  be  sufficient  authority  for  the  superintendent 
of  any  cemetery  to  permit  the  interment. — Sec.  4878,  R.  S.,  as  amended  by  act 
of  Mar.  3,  1897  (29  Stat.,  625). 

247.  Honorably  discharged  Army  nurses. — Army  nurses,  honorably  discharged 
from  their  service  as  such  may  be  buried  in  any  national  cemetery,  and,  if 
in  a  destitute  condition,  free  of  cost.    The  Secretary  of  War  is  authorized  to- 
issue  certificates  to  those  Army  nurses  entitled  to  such  burial. — Ibid. 


NATIONAL  CEMETERIES.  51 

248.  Arlington  National  Cemetery  or  cemeteries  of  District  of  Columbia. — 
For  expenses  of  burying  in  the  Arlington  National  Cemetery,  or  in  the  ceme- 
teries of  the  District  of  Columbia,   indigent  ex-Union  soldiers,   ex-s;iilors  or 
ex-marines  of  the  United  States  service,  either  regular  or  volunteer,  wno  have 
been  honorably  discharged  or  retired  and  who  die  in  the  District  of  Columbia, 
to  be  disbursed  by  the  Secretary  of  War,  at  a  cost;  not  exceeding  forty-five  dol- 
lars for  such  burial  expenses  in  each  case,  exclusive  of  cost  of  grave,  three 
thousand  dollars,  one-half  of  which  sum  shall  be  paid  out  of  the  revenues  of 
the  District  of  Columbia.— Act  of  Mar.  /,,  1907  (3$  Stat.,  1346). 

249.  Little  Rock,  Arkansas,  National  Cemetery. — For  expenses  of  burying  in 
the  Little  Rock,  Arkansas,  National  Cemetery,  including  transportation  thereto, 
indigent  ex-soldiers,  ex-sailors,  or  ex-marines  of  the  United  States  service,  either 
regular  or  volunteer,  who  have  been  honorably  discharged  or  retired  and  who  die 
while  patients  at  the  Army  and  Navy  General  Hospital,  Hot  Springs,  Arkansas, 
to  be  disbursed  by  the  Secretary  of  War,  at  a  cost  not  exceeding  thirty-five 
dollars  for  such  burial  expenses  in  each  case,  exclusive  of  cost  of  grave. — Act  of 
June  25,  1910  (36  Stat.,  724). 

250.  Officers  and  men  of  the  Revenue-Cutter  Service. — Officers  and  men  of 
the  Revenue-Cutter  Service  dying  in  the  service  of  the  United  States,  or  dying 
in  a  destitute  condition  after  having  been  honorably  discharged  from  the  serv- 
ice, may  be  buried  in  any  national  cemetery  free  of  cost,  under  the  regulations 
now  or  hereafter,  provided  for  the  burial  of  officers  and  men  of  the  Army  in 
national  cemeteries. — Act  of  Mar.  4,  1911  (36  Stat.,  1389). 

JURISDICTION — CRIMINAL  OFFENSES. 

251.  United  States  to  have  jurisdiction  over. — From  the  time  any  State  legis- 
lature shall  have  given,  or  shall  hereafter  give,  the  consent  of  such  State  to 
the  purchase  by  the  United  States  of  any  national  cemetery,  the  jurisdiction 
and  po\\er  of  legislation  of  the  United  States  over  such  cemetery  shall  in  all 
courts  and  places  be  held  to  be  the  same  as  is  granted  by  section  eight,  article 
one,  of  the  Constitution  of  the  United  States;  and  all  provisions  relating  to 
national  cemeteries  shall  be  applicable  to  the  same. — Sec.  4882,  R.  S. 

252.  Penalty  for  defacing. — Every  person  who  willfully  destroys,  mutilates, 
defaces,   injures,  or  removes  any  monument,   gravestone,   or  other  structure, 
or  who  willfully  destroys,  cuts,  breaks,  injures,  or  removes  any  tree,  shrub, 
or  plant  within  the  limits  of  any  national  cemetery,  shall  be  deemed  guilty  of 
a  misdemeanor,  punishable  by  a  fine  of  not  less  than  twenty -five  dollars,  and 
not  more  than  one  hundred,  or  by  imprisonment  for  not  less  than  fifteen  days 
and  not  more  than  sixty.    The  superintendent  in  charge  of  any  national  ceme- 
tery is  authorized  to  arrest  forthwith  any  person  engaged  in  committing  any 
misdemeanor  herein  prohibited,  and  to  bring  such  person  before  any  United 
States  commissioner  or  judge  of  any  district  or  circuit  court  of  the  United 
States  within  any  State  or  district  where  any  of  the  cemeteries  are  situated, 
for  the  purpose  of  holding  such  person  to  answer  for  such  misdemeanor,  and 
then  and  there  shall  make  complaint  in  due  form. — Sec.  4881,  R.  S. 

ROADWAYS. 

253.  Repairing  roadways  constructed  by  special  act  of  Congress. — For  repair- 
ing the  roadways  to  national  cemeteries  which  have  been  constructed  by  special 
authority  of  Congress    *    *    *    dollars.— Act  of  Mar.  8,  1887  (24  Stat.,  535). 


52  NATIONAL  CEMETERIES. 

254.  Repairs  to  roadways  restricted. — No  part  of  this  sum  shall  be  used  for 
repairing  any  roadway  not  owned  by  the  United  States  within  the  corporate 
limits  of  any  city,  town,  or  village.— Act  of  Mar.  4,  1911  (36  Stat.,  1399). 

255.  Single  approach  only  permissible. — No  part  of  any  appropriation  for 
national  cemeteries  or  the  repair  of  roadways  thereto  shall  be  expended  in  the 
maintenance  of  more  than  a  single  approach  to  any  national  cemetery. — Act  of 
July  1,  1916  (39  Stat., 


256.  Railroads  not  permitted  upon  right  of  way. — No  railroad  shall  be  per- 
mitted upon  the  right  of  way  which  may  have  been  acquired  by  the  United 
States  to  a  national  cemetery,  or  to  encroach  upon  any  roads  or  walks  con- 
structed thereon  and  maintained  by  the  United  States:  Provided,  That  no  part 
of  this  sum  shall  be  used  for  repairing  any  roadway  not  owned  by  the  United 
States  within  the  corporate  limits  of  any  city,  town,  or  village. — Annual  appro- 
priation acts. 

257.  Roadway  to  national  cemetery  conveyed  to  city  of  Springfield,  Missouri. — 
The  Secretary  of  War  is  authorized  and  directed  to  convey  to  the  city  of  Spring- 
field, Missouri,  all  the  right  and  title  of  the  United  States  in  and  to  those  por- 
tions of  the  Government  approach  roadway  to  the  national  cemetery  near  that 
city  which  lie  within  the  present  limits  of  said  city,  upon  the  condition  that  the 
portion  of  the  roadway  so  conveyed  shall  be  kept  open  and  maintained  without 
expense  to  the  United  States  as  a  public  street  of  the  city  of  Springfield  and  be 
available  for  the  use  of  the  public  as  an  approach  to  said  cemetery,  and  that  all 
expense  incident  to  the  conveyance  herein  authorized  be  borne  by  the  city  of 
Springfield.— Act  of  June  23, 1913  (38  Stat.,  31). 

SUPERINTENDENTS   OF. 

258.  Porter's  lodge  to  be  erected;  authority  for  appointment  of  superintend- 
ent.— The  Secretary  of  War  shall  cause  to  be  erected  at  the  principal  entrance 
of  each  national  cemetery  a  suitable  building  to  be  occupied  as  a  porter's  lodge; 
and   shall   appoint   a   meritorious   and   trustworthy    superintendent   to   reside 
therein  for  the  purpose  of  guarding  and  protecting  the  cemetery  and  giving 
information  to  parties  visiting  the  same. — Sec.  4873,  R.  S. 

259.  Appointment   of  superintendent;   qualifications,   etc. — The   superintend- 
ents of  the  national  cemeteries  shall  be  selected  from  meritorious  and  trust- 
worthy soldiers,  either  commissioned  officers  or  enlisted  men  of  the  Volunteer 
or  Regular  Army,  who  have  been  honorably  mustered  out  or  discharged  from 
the  service  of  the  United  States  and  who  may  have  been  disabled  for  active 
field  service  in  the  line  of  duty. — Sec.  4874,  R.  S. 

260.  Pay,  etc.,  superintendents. — The  superintendents  of  the  national  ceme- 
teries shall  receive  for  their  compensation  from  sixty  dollars  to  seventy -five 
dollars  a  month  each,  according  to  the  extent  and  importance  of  the  cemeteries 
to  which  they  may  be  respectively  assigned,  to  be  determined  by  the  Secretary 
of  War,  except  the  superintendent  of  the  Arlington,  Virginia,  Cemetery,  whose 
compensation  may  be  one  hundred  dollars  per  month,  at  the  discretion  of  the 
Secretary  of  War;  and  they  shall  also  be  furnished  with  quarters  and  fuel  at 
the  several  cemeteries. — Sec.  4875,  R.  S.,  amended  by  act  of  July  SO,  1912  (37 
Stat.,  240). 


NATIONAL  CEMETERIES.  53 

TRANSPORTATION    AND    BURIAL— EXPENSES    OF. 

261.  Appropriation  for. — To  enable  the  Secretary  of  War,  in  his  discretion, 
to  cause  to  be  transported  to  their  homes  the  remains  of  officers  and  soldiers 
who  die  at  -military  camps  or  who  are  killed  in  action,  or  who  die  in  the  field 
or  hospital  in  Alaska,  and  at  places  outside  of  the  limits  of  the  United  States, 
or  who  die  while  on  voyage  at  sea,    *     *     *    dollars.— A ct  of  Apr.  28,  1904  (33 
Stat.,  400). 

262.  Reimbursing  family,  etc.,  for  bringing  home  dead  soldiers— In  all  cases 
where  an  officer  or  an  enlisted  man  in  either  the  Army,  Navy,  Marine  Corps 
of  the  United  States,  or  contract  surgeon  or  trained  nurse  in  the  employ  of 
the  Government,  has  died  while  on  duty  away  from  home  since  the  first  day  of 
January,  eighteen  hundred  and  ninety-eight,  and  the  remains  have  been  taken 
home  and  buried  at  the  expense  of  the  family  or  friends  of  the  deceased,  the 
parties  who  paid  the  cost  of  transportation  and  burying  such  remains  shall  be 
repaid  at  the  expense  of  the  United  States  by  the  Secretary  of  the  Treasury, 
not  to  exceed  what  it  would  have  cost  the  United  States  to  have  transported  the 
remains  to  their  homes.— Act  of  Mar.  3,  1S99  (30  Stat.,  1225). 

263.  Appropriation  for  extended,  fiscal  year  J905. — For  expenses  of  the  inter- 
ment of  officers  killed  in  action  or  who  die  when  on  duty  in  the  field,  or  at 
military  posts  or  on  the  frontiers,  or  when  traveling  under  orders,  and  of  non- 
commissioned officers  and  soldiers;  and  in  all  cases  where  such  expenses  would 
have  been  lawful  claims  against  the  Government,  reimbursement  may  be  made 
of  expenses  heretofore  or   hereafter   incurred   by   individuals   of  burial   and 
transportation  of  remains  of  .officers,  including  acting  assistant  surgeons,  not  to 
exceed  the  amount  now  allowed  in  the  cases  of  officers  and  for  the  reimburse- 
ment in  the  cases  of  enlisted  men  not  exceeding  the  amount  now  allowed  in 
their  cases,  may  be  paid  out  of  the  proper  funds  appropriated  by  this  act,  and 
the  disbursing  officers  shall  be  credited  with  such  reimbursement  heretofore 
made;  but  hereafter  no  reimbursement  shall  be  made  of  such  expenses  incurred 
prior  to  the  twenty-first  day  of  April,  eighteen  hundred  and  ninety-eight. — Act 
of  Apr.  23,  1904  (33  Stat.,  269). 

264.  Appropriation  for  extended,  fiscal  year  1911. — For  the  expenses  of  inter- 
ment, or  of  preparation  and  transportation  to  their  homes  or  to  such  national 
cemeteries  as  may  be  designated  by  proper  authority,  in  the  discretion  of  the 
Secretary  of  War,  of  the  remains  of  officers,  including  acting  assistant  surgeons, 
and  enlisted  men  of  the  Army  active  list ;  for  the  expenses  of  interment,  or  of 
preparation  and  transportation  to  their  homes,  of  the  remains  of  civil  em- 
ployees of  the  Army  in  the  employ  of  the  War  Department,  who  die  abroad, 
inclusive  of  Alaska,  or  on  Army  transports;  for  the  expenses  of  removal  of 
remains  from  abandoned  posts  to  permanent  military  posts  or  national  ceme- 
teries, including  the  remains  of  Federal  soldiers,  sailors,  or  marines  interred 
in  fields  or  abandoned  private  and  city  cemeteries ;  and  in  any  case  where  the 
expenses  of  burial  or  shipment  of  the  remains  of  officers  or  enlisted  men  of  the 
Army  who  die  on  the  active  list  are  borne  by  individuals,  where  such  expenses 
would  have  been  lawful  claims  against  the  Government,  reimbursement  to  such 
individuals  may  be  made  of  the  amount  allowed  by  the  Government  for  such 
services  to  be  paid  out  of  the  funds  appropriated  by  this  act,  but  no  reimburse- 
ment shall  be  made  under  this  act  of  such  expenses  incurred  prior  to  the  first 
day  of  July,  nineteen  hundred  and  ten. — Art  of  June  25,  1910  (36  Stat.,  723). 


54  NATIONAL   CEMETERIES. 

265.  Appropriation  for  limited;  fiscal  lien r  I1H5. — For  expenses  of  interment, 
or  of  preparation  and  transportation  to  their  homes  or  to  such  national  cem- 
eteries as  may  be  designated  by  proper  authority,  in  the  discretion  of  the  Secre- 
tary of  War,  of  the  remains  of  officers,  including  assistant  surgeons,  and  en- 
listed men  of  the  Army  active  list ;  for  the  expenses  of  interment,  or  of  prepara- 
tion and  transportation  to  their  homes,  of  the  remains  of  civil  employees  of 
the  Army  in  the  employ  of  the  War  Department  who  die  abroad,  inclusive  of 
Alaska  and  the  Canal  Zone,  Panama,  or  on  Army  transports,  or  who  die  while 
on  duty  in  the  field  or  at  military  posts  within  the  limits  of  the  United  States ; 
for  the  expenses  of  interment  of  military  prisoners  who  die  at  military  posts ; 
for  the  expenses  of  removal  of  remains  from  abandoned  posts  to  permanent 
military  posts  or  national  cemeteries,  including  the  remains  of  Federal  soldiers, 
sailors,  or  marines,  interred  in  fields  or  abandoned  private  and  city  cemeteries ; 
and  in  any  case  where  the  expenses  of  burial  or  shipment  of  the  remains  of 
officers  or  enlisted  men  of  the  Army  who  die  on  the  active  list  are  borne  by 
individuals,  where  such  expenses  would  have  been  lawful  claims  against  the 
Government,  reimbursement  to  such  individuals  may  be  made  of  the  amount 
allowed  by  the  Government  for  such  services,  to  be  paid  out  of  the  funds 
appropriated  by  this  act,  but  no  reimbursement  shall  be  made  under  this  act 
of  such  expenses  incurred  prior  to  July  first,  nineteen  hundred  and  ten. — Act 
of  Aug.  1,  191.'t  (38  Stat.,  631).     (Sec  annual  appropriation  acts.) 

CONFEDERATE  CEMETERIES,  SECTIONS,  PLATS,  ETC. 

266.  Springfield,  Missouri,   Confederate   Cemetery,   acceptance  of. — That  the 
Confederate  cemetery  near  Springfield,  Missouri,  and  which  adjoins  the  national 
cemetery  at  that  place,  having  been  tendered  by  proper  authority  to  the  United 
States  Government,  the  same  is  hereby  accepted,  under  the  conditions  that  the 
Government  shall  take  care  of  and  properly  maintain  and  preserve  the  ceme- 
tery, its  monument  or  monuments,  headstones,  and  other  marks  of  the  graves, 
its  walls,  gates,  and  appurtenances;  to  preserve  and  keep  a  record,  as  far  as 
possible,  of  the  names  of  those  buried  therein,  with  such  history  of  each  as  can 
be  obtained,  and  to  see  that  it  is  never  used  for  any  other  purpose  than  as  a 
cemetery  for  the  graves  of  men  who  were  in  the  military  or  naval  service  of 
the  Confederate  States  of  America ;  Provided,  That  organized  bodies  -of  ex- 
Confederates  or  individuals  shall   have  free  and  unrestricted   entry  to  said 
cemetery  for  the  purposes  of  burying  worthy  ex-Confederates,  for  decorating 
the  graves,  and  for  all  other  purposes  which  they  have  heretofore  enjoyed,  all 
under  proper  and  reasonable  regulations  and  restrictions  made  by  the  Secretary 
of  War.— Act  of  Mar.  3,  1911  (36  Stat.,  1077). 

267.  Same;  transfer  of,  care  and  maintenance. — That  the  Secretary  of  War, 
under  this  act,  is  directed  to  take  the  necessary  steps  for  the  proper  transfer 
of  the  cemetery  to  the  .Government,  and  when  the  same  has  been  duly  com- 
pleted to  put  it  in  charge  of  the  keeper  of  the  national  cemetery  at  Springfield, 
Missouri,  requiring  him  to  exercise  the  same  care  in  the  preservation,  beautify- 
ing, and  caretaking  generally  as  is  done  in  regard  to  the  national  cemetery. 
Also  that  a  suitable  gate  or  entryway  be  made  in  the  stone  wall  which  now 
divides  the  two  cemeteries,   so  that  persons  may   readily  pass  from  one  to 
the  other.     Whatever  additional  funds  may  be  required  for  the  purpose  of 
carrying  out  the  provisions  of  this  act  shall  be  paid  out  of  any  fund  which  may 
be  available  for  the  maintenance  of  national  cemeteries. — Sec.  2,  ibi<l. 


NATIONAL   CEMETERIES.  55 

268.  Little  Rock,  Arkansas,  Confederate  Cemetery,  acceptance  of. — That  the 
Secretary  of  War  is  hereby  authorized  to  accept  a  conveyance  to  the  United 
States  of  the  Confederate  cemetery  in  Little  Rock,  Arkansas,  which  adjoins 
the  national  cemetery  at  that  place,  and  when  so  accepted  the  Government  shall 
take  care  of  and  properly  maintain  and  preserve  the  cemetery,  its  monument 
or  monuments,  headstones,  and  other  marks  of  the  graves,  its  walls,  gates,  and 
appurtenances,  and  preserve  and  keep  a   record,   as  far  as  reasonably  prac- 
ticable, of  the  names  of  those  buried  therein,  with  such  history  of  each  as  can 
be  obtained,  and  to  see  that  it  is  never  used  for  any  other  purpose  than  as  a 
cemetery  for  the  graves  of  men  who  were  in  the  military  or  naval  service  of 
the  Confederate  States  of  America :  Provided,  That  organized  bodies  of  ex-Con- 
federates or  individuals  shall  have  free  and  unrestricted  entry  to  said  ceme- 
tery for  the  purposes  of  burying  worthy  ex-Confederates,  for  decorating  the 
graves,  and  for  all  other  purposes  which  they  have  heretofore  enjoyed,  all 
under  proper  and  reasonable  regulations  and  restrictions  made  by  the  Secre- 
tary of  War.— Act  of  Feb.  7,  1913  (37  Stat.,  663). 

269.  Same;  transfer  of;  care  and  maintenance. — That  the  Secretary  of  War, 
under  this  act,  is  directed  to  take  the  necessary  steps  for  the  proper  transfer  of 
the  cemetery  to  the  Government,  and  when  the  same  has  been  duly  completed, 
to  put  it  in  charge  of  the  keeper  of  the  national  cemetery  at  Little  Rock,  Arkan- 
sas, requiring  him  to  exercise  the  same  care  in  the  preservation,  beautifying, 
and  caretaking  generally  as  is  done  in  regard  to  the  national  cemetery;  also 
that  a  suitable  gate  or  entryway  be  made  in  the  stone  wall  which  now  divides 
the  two  cemeteries  so  that  persons  may  readily  pass  from  one  to  the  other. 
Whatever  additional  funds  may  be  required  for  the  purpose  of  carrying  out 
the  provisions  of  this  act  shall  be  paid  out  of  any  fund  which  may  be  available 
for  the  maintenace  of  national  cemeteries. — Sec.  2,  ibid. 

270.  Arlington  National  Cemetery,  Confederate  Section;  reburial  of  Confed- 
erate soldiers  buried  in  National  Soldiers'  Home. — -To  enable  the  Secretary  of 
War  to  have  reburied  in  some  suitable  spot  in  the  national  cemetery  at  Arling- 
ton, Virginia,  and  to  place  proper  headstones  at  their  graves,  the  bodies  of 
about  one  hundred  and  twenty-eight  Confederate  soldiers  now  buried  in  the 
National  Soldiers'  Home,  near  Washington.  District  of  Columbia,  and  the  bodies 
of  about  one  hundred  and  thirty-six  Confederate  soldiers  now  buried  in  the 
national  cemetery  at  Arlington,  Virginia,  two  thousand  five  hundred  dollars,  or 
so  much  thereof  as  may  be  necessary. — Act  of  June  6,  1900  (31  Stat.,  630). 

271.  Same;  Confederate  soldiers  of  the  Civil  War  dying  in  the  District  of 
Columbia  or  vicinity. — Hereafter  person  dying  in  the  District  of  Columbia  or  in 
the  immediate  vicinity  thereof  who  have  served  in  the  Confederate  Armies  dur- 
ing the  Civil  War  may  be  buried  in  the  Confederate  section  of  the  Arlington 
National  Cemetery  without  additional  expense  to  the  United  States  upon  the 
certificate  of  Camp  Numbered  One  hundred  and  seventy-one,  United  Confederate 
Veterans  of  the  District  of  Columbia,  that  such  persons  are  entitled  to  burial 
under  the  authority  herein  given:  Provided,  That  all  such  interments  shall  be 
under  the  supervision  and  subject  to  the  approval  of  the  Secretary  of  War — Act  of 
Aug.  24,  1912  (37  Stat.,  J,JtO). 

272.  Oak  Woods  Cemetery,  Chicago,  Confederate  Mound;  care  and  mainte- 
nance of. — That  the  Secretary  of  War  be,  and  he  is  hereby,  authorized  from 
time  to  time  to  enter  into  contract  with  the  Oak  Woods  Cemetery  Association 

49392* 


56  NATIONAL   CEMETERIES. 

for  the  proper  care,  protection,  and  maintenance  of  the  said  plot  of  ground 
known  as  "  Confederate  Mound "  and  described  in  section  one  of  this  act : 
Provided,  however,  That  the  annual  expense  thereof  shall  not  exceed  the  sum 
of  two  hundred  and  fifty  dollars.—  Act  of  Feb.  7,  1908  (32  Stat.,  804). 

273.  Confederate  "burial  plats;  care  and  maintenance  of. — For  the  care,  pro- 
tection, and  maintenance  of  Confederate  burial  plats,  owned  by  the  United 
States,  located  and  known  by  the  following  designations:  Confederate  Ceme- 
tery,  North  Alton,   Illinois;   Confederate   Cemetery,   Camp   Chase,   Columbus, 
Ohio ;  Confederate  section  Greenlawn  Cemetery,  Indianapolis,   Indiana ;   Con- 
federate Cemetery,  Point  Lookout,  Maryland ;  and  Confederate  Cemetery,  Rock 
Island,  Illinois,  $1,250.— Act  of  Aug.  24,  1912  (37  Stat.,  441). 

274.  Confederate  Stockade  Cemetery,  Johnstons  Island,  in  Sandusky  Bay. — 
For   care,   protection,    and   maintenance   of   Confederate   Stockade   Cemetery, 
Johnston  Island,  in  Sandusky  Bay,     *     *     *. — Act  of  Aug.  1,  1914    (38  Stat.f 
631). 

ANTIETAM  BATTLE  FIELD. 

275.  Preserving,  etc.,  lines  of  battle;  sites  for  tablets;  supervision  of  land 
acquired. — For  the  purpose  of  surveying,  locating,  and  preserving  the  lines  of 
battle  of  the  Army  of  the  Potomac  and  of  the  Army  of  Northern  Virginia  at 
Antietam,  and  for  marking  the  same,  and  for  locating  and  marking  the  position 
of  each  of  the  forty-three  different  commands  of  the  Regular  Army  engaged  in 
the  Battle  of  Antietam,  and  for  the  purchase  of  sites  for  tablets  for  the  marking 
of  such  positions,   fifteen  thousand   dollars.     And  all  lands  acquired  by  the 
United  States  for  this  purpose,  whether  by  purchase,  gift,  or  otherwise,  shall 
be  under  the  care  and  supervision  of  the  Secretary  of  War. — Act  of  Aug.  30, 
1890  (26  Stat.,  401). 

276.  Same;  extended. — For  completing  the  work  of  locating,  preserving,  and 
marking  the  lines  of  battle  at  Antietam,  and  for  proper  marking  with  tablets, 
each  bearing  a  brief  historical  legend  compiled  without  praise  and  without  cen- 
sure, the  positions  occupied  by  the  several  commands  of  the  Armies  of  the 
Potomac  and  of  Northern  Virginia  on  that  field,  and  for  opening  and  improv- 
ing avenues  along  the  positions  occupied  by  troops  upon  those  lines,  and  for 
fencing  the  same,  nine  thousand  four  hundred  and  twenty-one  dollars,  to  be 
immediately  available,  and  to  be  expended  under  the  direction  of  the  Secretary 
of  War:     *     *     *.— Act  of  Mar.  2, 1895  (28  Stat.,  950). 

277.  Repair  and  preservation  of  monuments,  tablets,  roads,  etc. — For  repair 
and  preservation  of  monuments,  tablets,  observation  tower,  roads,  and  fences, 
and  so  forth,  made  and  constructed  by  the  United  States  upon  public  land 
within   the  limits  of  the  Antietam  battle  field,   near   Sharpsburg,   Maryland, 
*     *     *     dollars.— Act  of  July  1,  1898  (SO  Stat.,  634). 

278.  Superintendent  of;  pay,  etc. — For  pay  of  superintendent  of  Antietam 
battle  field,  said  superintendent  to  perform  his  duties  under  the  direction  of  the 
.Quartermaster  Corps  and  to  be  selected  and  appointed  by  the  Secretary  of  War, 
at  his  discretion,  the  person  selected  and  appointed  to  this  position  to  be  an 
honorably  discharged  Union  soldier,  $1,500. — Act  of  July  1,  1916  (39  Stat.,  287). 


PAY  AND  ALLOWANCES   OF   THE   ARMY,  AND   MISCELLANEOUS.       57 
UNITED  STATES  CEMETERY   NEAR   THE   CITY   OF  MEXICO. 

279.  Establishment  and  maintenance  of.' — The  President  is  authorized  to  pro- 
vide, out  of  the  ordinary  annual  appropriations,  for  establishing  and  maintain- 
ing United  States  military  cemeteries,  for  the  proper  care  and  preservation  and 
maintenance  of  the  cemetery  or  burial  ground  near  the  City  of  Mexico,  in  which 
are  interred  the  remains  of  officers  and  soldiers  of  the  United  States,  and  of 
citizens  of  the  United  States,  who  fell  in  battle  or  died  in  and  around  said  city.— 
Sec.  4879,  R.  8. 

280.  Rules  and  regulations  governing.— The  cemetery  in  Mexico  shall  be  sub- 
ject to  the  rules  and  regulations  affecting  United  States  national  military  ceme- 
teries within  the  limits  of  the  United  States,  so  far  as  they  may,  in  the  opinion 
of  the  President,  be  applicable  thereto. — Sec.  4880,  R.  8. 

PAY  AND  ALLOWANCES  OF  THE  AEMY,  AND  MISCELLANEOUS. 

ANNUITIES. 

281.  Jennie  Carroll,  payment  to. — The  Secretary  of  War  be,  and  he  is  hereby, 
authorized  and  directed  to  place  on  the  roll  of  the  War  Department  the  name 
of  Jennie  Carroll,  widow  of  James  Carroll,  major  and  surgeon,  United  States 
Army,  and  pay  her  for  and  during  the  time  of  her  natural  life,  in  lieu  of  all 
pensions,  the  sum  of  one  hundred  and  twenty-five  dollars  per  month,  in  special 
recognition  of  the  eminent  services  of  said  James  Carroll,  in  discovering  the 
means  of  preventing,  as  well  as  the  cause  and  method  of  transmission  and 
propagation  of,  yellow  fever,  and  demonstrating  on  his  own  person  the  truth 
of  the  theory  of  the  transmission  and  propagation  of  yellow  fever  infection  by 
mosquitoes. — Act  of  May  23,  1908  (35  Stat.,  1325).    See  also  annual  appropria- 
tion acts. 

282.  Mabel  H.  Lazear,  payment  to. — The  Secretary  of  War  be,  and  he  is 
hereby,  authorized  and  directed  to  place  on  the  rolls  of  the  War  Department 
the  name  of  Mabel  H.  Lazear,  widow  of  Doctor  Jesse  W.  Lazear,  late  acting 
assistant  contract  surgeon,  United  States  Army,  and  pay  her  for  and  during 
the  time  of  her  natural  life,  in  lieu  of  all  pensions,  the  sum  of  one  hundred  and 
twenty-five  dollars  per  month,  in  special  recognition  of  the  eminent  services  of 
said  Jesse  W.  Lazear  in  discovering  the  means  of  preventing,  as  well  as  the 
cause  and  method  of  transmission  and  propagation  of,  yellow  fever,  and  demon- 
strating on  his  own  person  the  truth  of  the  theory  of  the  transmission  and 
propagation  of  yellow  fever  infection  by  mosquitoes,  and  the  sacrifice  of  his 
life  in  proving  the  same. — Ibid. 

283.  John  R.  Kissinger,  payment  to. — The  Secretary  of  War  be,  and  he  is 
hereby,  authorized  and  directed  to  place  on  the  rolls  of  the  War  Department 
the  name  of  John  R.  Kissinger,  late  of  Company  D,  One  hundred  and  fifty- 
seventh  Regiment  Indiana  Volunteer  Infantry,  and  also  late  of  the  Hospital 
Corps,  United  States  Army,  and  pay  to  him  for  and  during  his  natural  life, 
in  lieu  of  all  pensions,  the  sum  of  one  hundred  dollars  per  month,  in  special 
recognition  of  the  eminent  service  rendered,  suffering  endured,  and  permanent 
disabilities  contracted  by  him  in  the  interest  of  humanity  and  science  as  a  vol- 
unteer subject  for  experiment  in  the  yellow-fever  hospital  in  Cuba. — Act  of  Feb. 
15,  1911  (36  Stat..  1919).     (See  also  annual  appropriaton  acts.} 


58        PAY  AND  ALLOWANCES   OF    THE   ARMY,  AND    MISCELLANEOUS. 
ARMY  FIELD  CLEEKS  AND  FIELD  CLERKS,  QUARTERMASTER  CORPS. 

284.  Army  field  clerks;  pay,   etc. — Hereafter  headquarters  clerks   shall   be 
known  as  Army  field  clerks  and  shall  receive  pay  at  the  rates  herein  provided, 
and  after  twelve  years  of  service,  at  least  three  years  of  which  shall  have  been 
on  detached  duty  away  from  permanent  station  or  on  duty  beyond  the  continental 
limits  of  the  United  States,  or  both,  shall  receive  the  same  allowances,  except 
retirement,  as  heretofore  allowed  by  law  to  pay  clerks.  Quartermaster  Corps, 
and  shall  be  subject  to  the  rules  and  articles  of  war. — Sec.  1,  act  of  Aug.  29, 
1916  (39  Stat.,  625). 

285.  Field  clerks.  Quartermaster  Corps;  pay,  etc. — Hereafter  not  to  exceed 
two  hundred  clerks.  Quartermaster  Corps,  who  shall  have  had  twelve  years  of 
service,  at  least  three  years  of  which  shall  have  been  on  detached  duty  away 
from  permanent  station  or  on  duty  beyond  the  continental  limits  of  the  United 
States,  or  both,  shall  be  known  as  field  clerks,  Quartermaster  Corps,  and  shall 
receive  the  same  allowances,  except  retirement,  as  heretofore  allowed  by  law 
to  pay  clerks,   Quartermaster  Corps,   and  shall  be  subject  to  the  rules  and 
articles  of  war. — Ibid. 

286.  Commutation  of  quarters,  where  no   public   quarters   are  available. — 
Hereafter,  at  places  where  there  are  no  public  quarters  available,  commutation 
for  the  authorized  allowance  therefor  shall  be  paid  to     *     *     *     pay  clerks  at 
the  rate  of  $12  per  room  per  month. — Act  of  Mar.  4,  1915  (38  Stat.,  1069). 

287.  Commutation  of  quarters,  heat,  and  light. — For  commutation  of  quarters 
and  of  heat  and  light.— Act  of  Aug.  29,  1916    (39  Stat.,  625).     (See  annual 
appropriation  acts. ) 

288.  Mileage. — Hereafter  Army  paymasters'  clerks     *     *     *     shall   receive 
mileage  at  the  same  rates  and  under  the  same  conditions  as  is  provided  by  law 
for  officers  of  the  Army. — Sec.  1,  act  of  Aug.  24,  1912  (37  Stat.,  575). 

289.  Allowances  of  to  be  same  as  Nar/y  paymasters'  clerks. — Hereafter  the 
pay  and  allowances  of  Army  paymasters'  clerks  shall  be  the  same  as  provided 
for  the  Navy  paymasters'  clerks  on  shore  duty. — Act  of  Mar.  3,  1911  (36  Stat., 
1044). 

AVIATION    DUTY. 

290.  Aviation  officers,  increased  pay. — Each   aviation   officer   authorized   by 
this  act  shall,  while  on  duty  that  requires  him  to  participate  regularly  and 
frequently  in  aerial  flights,  receive  an  increase  of  twenty -five  per  centum  in  the 
pay  of  his  grade  and  length  of  service  under  his  commission. — Sec.  13,  act  of 
June  3,  1916  (39  Stat.,  175). 

291.  Same. — That  any  officer  attached  to  the  aviation  section  of  the  Signal 
Corps  for  any  military  duty  requiring  him  to  make  regular  and  frequent  flights 
shall  receive  an  increase  of  twenty-five  per  centum  of  the  pay  of  his  grade  and 
length   of  service   under  his  commission. — Sec.   6,   act   of  July  24,   1917    (40 
Stat.,  245). 

292.  Junior  military  aviators,  rank,  pay,  and  allowances.— Each  duly  quali- 
fied junior  military  aviator  shall,  while  so  serving,  have  the  rank,  pay,  and 
allowances  of  one  grade  higher  than  that  held  by  him  under  his  commission  if 


PAY   AND  ALLOWANCES   OF   THE   ARMY,   AND   MISCELLANEOUS.       59 

his  rank  under  said  commission  be  not  higher  than  that  of  captain,  and  while 
on  duty  requiring  him  to  participate  regularly  and  frequently  in  aerial  nights 
he  shall  receive  in  addition  an  increase  of  fifty  per  centum  in  the  pay  of  his 
grade  and  length  of  service  under  his  commission. — Ibid. 

293.  Military  aviators,   rank,   pan,   and   allowances. — Each   military   aviator 
shall,  while  so  serving,  have  the  rank,  pay,  and  allowances  of  one  grade  higher 
than  that  held  by  him  under  his  commission  if  his  rank  under  said  commission 
be  not  higher  than  that  of  captain,  and  while  on  duty  requiring  him  to  partici- 
pate regularly  and  frequently  in  aerial  nights  he  shall  receive  in  addition  an 
increase  of  seventy-five  per  centum  of  the  pay  of  his  grade  and  length  of  service 
under  his  commission. — Ibid. 

294.  Aviators,  Signal  Corps;  creation  of  grade,  discharge,  pay,  and  allow- 
ances.— When  it  shall  be  impracticable  to  obtain  from  the  Army  officers  suitable 
for  the  aviation  section  of  the  Signal  Corps  in  the  number  allowed  by  law  the 
difference  between  that  number  and  the  number  of  suitable  officers  actually 
available  for  duty  in  said  section  may  be  made  up  by  appointments  in  the 
grade  of  aviator,  Signal  Corps,  and  that  grade  is  hereby  created.     The  person- 
nel for  said  grade  shall  be  obtained  from  especially  qualified  civilians  who  shall 
be  appointed  and  commissioned  in  said  grade :  Provided  further,  That  whenever 
any  aviator  shall  have  become  unsatisfactory  he  shall  be  discharged  from  the 
Army  as  such  aviator.    The  base  pay  of  an  aviator,  Signal  Corps,  shall  be  one 
hundred  and  fifty  dollars  per  month,  and  he  shall  have  the  allowances  of  a 
master  signal  electrician  and  the  same  percentage  of  increase  in  pay  for  length 
of  service  as  is  allowed  to  a  master  signal  electrician. — Ibid. 

295.  Enlisted  men;  number  to  le  instructed. — The  Secretary  of  War  shall 
have  authority  to  cause  as  many  enlisted  men  of  the  aviation  section  to  be  in- 
structed in  the  art  of  flying  as  he  may  deem  necessary. — Ibid. 

296.  Same.    Increased  pay. — Each  aviation  enlisted  man,  while  on  duty  that 
requires  him  to  participate  regularly  and  frequently  in  aerial  flights,  or  while 
holding  the  rating  of  aviation  mechanician,  shall  receive  an  increase  of  fifty 
per  centum  in  his  pay. — Act  of  July  18.  19  J  4  (38  8tnt..  ,5/6'). 

297.  Reserve  officers  and  enlisted  men,  aviation  section,  Signal  Corps,  to  be 
paid  by  Quartermaster  Corps  disbursing  officers. — Hereafter  all  reserve  officers 
and  enlisted  men  of  the  aviation  section  of  the  Signal  Corps  shall  be  paid  by 
Quartermaster  Corps  disbursing  officers  from  funds  transferred  to  their  credit 
from  Signal  Corps  appropriations. — Sec.  9,  Act  of  July  24,  1917  (40  Stat.,  246). 

CHIEF  OF  STAFF— OFFICE  OF. 

298.  Clerks,  messengers,  and  laborers;  pay  of. — One  chief  clerk,  at  two  thou- 
sand two  hunded  and  fifty  dolars  per  annum ;  four  clerks,  at  two  thousand  dol- 
lars each  per  annum ;  six  clerks,  at  one  thousand  eight  hundred  dollars  each  per 
annum ;  eleven  clerks,  at  one  thousand  six  hundred  dollars  each  per  annum ; 
fifteen  clerks,  at  one  thousand  four  hundred  dollars  each  per  annum ;  twenty-one 
clerks,  at  one  thousand  two  hundred  dollars  each  per  annum;  thirteen  clerks, 
at  one  thousand  dollars  each  per  annum ;  one  captain  of  the  watch,  at  nine 
hundred  dollars  per  annum;  three  watchmen,  at  seven  hundred  and  twenty  dol- 
lars each  per  annum ;  one  gardener,  at  seven  hundred  and  twenty  dollars  per 
annum;  one  packer,  at  eight  hundred  and  forty  dollars  per  annum;  one  chief 
messenger,  at  one  thousand  dollars  per  annum;  one  messenger,  at  eight  hundred 


60       PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND  MISCELLANEOUS. 

and  forty  dollars  per  annum ;  twenty  messengers,  at  seven  hundred  and  twenty 
dollars  each  per  annum ;  one  laborer,  at  six  hundred  and  sixty  dollars  per 
annum ;  two  laborers,  at  six  hundred  dollars  each  per  annum ;  five  charwomen, 
at  two  hundred  and  forty  dollars  each  per  annum ;  in  all,  one  hundred  twenty- 
one  thousand  seven  hundred  and  seventy  dollars. — Annual  appropriation  act. 

299.  Assignment  to  duty  in  War  Department  prohibited. — No  clerk,  messen- 
ger, or  laborer  at    *    *    *    office  of  the  Chief  of  Staff  shall  be  assigned  to  duty 
in  any  bureau  of  the  War  Department. — Annual  appropriation  act. 

COMPUTER,   ARTILLERY   BOARD. 

300.  Annual  pay  of. — For  pay  of  one  computer  for  Artillery  Board,  two  thou- 
sand five  hundred  dollars. — Annual  appropriation  acts. 

CONTRACT  SURGEONS. 

801.  Number  of  to   be  appointed;   compensation,   etc. — In  emergencies  the 
Surgeon  General  of  the  Army,  with  the  approval  of  the  Secretary  of  War,  may 
appoint  as  many  contract  surgeons  as  may  be  necessary,  at  a  compensation 
not  to  exceed  one  hundred  and  fifty  dollars  per  month. — Sec.  18,  act  of  Feb.  2, 
1901   (31  Stat.,  752). 

802.  Authority  to  transfer  or  assign  pay  accounts. — Hereafter  contract  sur- 
geons    *     *     *     on  duty  in  Alaska,  Hawaii,  the  Philippine  Islands,  and  Porto 
Rico  may  transfer  or  assign  their  pay  accounts,  when  due  and  payable,  in 
the  methods   now  provided  by   regulations  for   commissioned   officers   of   the 
Army.— Act  of  Apr.  23,  1904  (33  Stat.,  266). 

303.  Mileage. — Mileage  is  payable  to  contract  surgeons  under  the  same  laws 
and  regulations  as  to  officers  of  the  Army. — Act  of  June  12,  1906  (34  Stats.,  246). 

304.  Travel  expenses. — Hereafter  actual  expenses  only,  not  to  exceed  four 
dollars  and  fifty  cents  per  day  and  cost  of  transportation  when  not  furnished 
by  the  Quartermaster's  Department,  shall  be  paid  to     *     *     *     contract  sur- 
geons   *     *     *    when  traveling  on  duty  without  troops,  under  competent  or- 
ders, within  the  geographical  limits  of  the  Territory  of  Alaska. — Act  of  May 
11,  1908  (35  Stat.,  114). 

DECEASED  OFFICERS  AND  ENLISTED  MEN—ACCOUNTS   OF. 

805.  Settlement  of;  amounts  due,  distribution  to  heirs. — Hereafter,  in  the 
settlement  of  the  accounts  of  deceased  officers  or  enlisted  men  of  the  Army, 
where  the  amount  due  the  decedent's  estate  is  less  than  five  hundrd  dollars 
and  no  demand  is  presented  by  a  duly  appointed  legal  representative  of  the 
estate,  the  accounting  officers  may  allow  the  amount  found  due  to  the  dece- 
dent's widow  or  legal  heirs  in  the  following  order  of  precedence:  First,  to 
the  widow ;  second,  if  decedent  left  no  widow,  or  the  widow  be  dead  at  time 
of  settlement,  then  to  the  children  or  their  issue,  per  stirpes;  third,  if  no 
widow  or  descendants,  then  to  the  father  and  mother  in  equal  parts,  provided 
the  father  has  not  abandoned  the  support  of  his  family,  in  which  case  to  the 
mother  alone;  fourth,  if  either  the  father  or  mother  be  dead,  then  to  the  one 
surviving;  fifth,  if  there  be  no  widow,  child,  father,  or  mother  at  the  date  of 
settlement,  then  to  the  brothers  and  sisters  and  children  of  deceased  brothers 
and  sisters,  per  stirpes. — Sec.  1,  act  of  June  SO,  1906  (34  Stats.,  750). 


PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND  MISCELLANEOUS.       61 

808.  Payment  of  funeral  expenses. — This  act  shall  not  be  so  construed  as  to 
prevent  payment  from  the  amount  due  the  decedent's  estate  of  funeral  ex- 
penses, provided  a  claim  therefor  is  presented  by  the  person  or  persons  who  ac- 
tually paid  the  same  before  settlement  by  the  accounting  officers. — Ibid. 

EXCHANGE. 

807.  Payment  of. — For  payment  of  exchange  by  acting  quartermasters  serving 
in  foreign  countries  and  when  specially  authorized  by  the  Secretary  of  War 
by  officers  disbursing  funds  pertaining  to  the  Quartermaster  Corps  when  serv- 
ing in  Alaska,  and  all  foreign  money  received  shall  be  charged  to  and  paid  out 
by  disbursing  officers  of  the  Quartermaster  Corps  at  the  legal  valuation  fixed 
by  the  Secretary  of  the  Treasury.— Act  of  Oct.  6,  1017  (40  Stat.,  357). 

EXPERT  ACCOUNTANT,  INSPECTOR  GENERAL'S  OFFICE. 

808.  Pay  of. — For  pay  of  one  expert  accountant  for  the  Inspector  General's 
Department,  to  be  appointed  in  case  of  vacancy,  by  the  Secretary  of  War, 
two  thousand  five  hundred  dollars. — Act  of  Feb.  24,  1891  (26  'Stat.,  773). 

309.  Mileage,  same  as  for  officers.— Hereafter  *  *  *  the  expert  account- 
ant, Inspector  Generals  Department,  shall  receive  mileage  at  the  same  rates 
and  under  the  same  conditions  as  is  provided  by  law  for  officers  of  the  Army. — 
Sec.  1,  act  of  Aug.  24,  1912  (37  Stat.,  575). 

FOREIGN   SERTICE. 

810.  Increased  pay  for. — Hereafter  the  pay  proper  of  all  commissioned  offi- 
cers and  enlisted  men  serving  beyond  the  limits  of  the  States  comprising  the 
Union  and  the  Territories  of  the  United  States  contiguous  thereto  shall  be  in- 
creased ten  per  centum  for  officers  and  twenty  per  centum  for  enlisted  men 
over  and  above  the  rates  of  pay  proper  as  fixed  by  law  for  time  of  peace,  and 
the  time  of  such  service  shall  be  counted  from  the  date  of  departure  from  said 
States  to  the  date  of  return  thereto. — Act  of  June  30,  1902  (32  Stat.,  512). 

811.  Service  beyond  the  limits  of  the  States,  etc. — Increase  of  pay  for  service 
beyond  the  limits  of  the  States  comprising  the  Union,  and  the  Territories  of 
the  United  States  contiguous  thereto,  shall  be  as  now  provided  by  law. — Act  of 
llay  11,  1908  (35  Stat.,  110). 

812.  Service  on  transports,  Philippine  Archipelago. — Officers  and  enlisted  men 
who  have  served  on  Army  transports  in  the  Philippine  Archipelago  at  any 
time  since  May  twenty-sixth,  nineteen  hundred,  under  the  control  and  orders 
of  the  commanding  general,  Philippines  Division,  or  who  may  hereafter  so  serve, 
shall  be  entitled  to  receive  the  same  rate  of  pay  as  is  provided  by  law  for 
officers  and  enlisted  men  serving  at  shore  stations  beyond  the  limits  of  the 
United  States.— A ct  of  May  11,  1908  (35  Stat.,  114). 

813.  Service  in  Canal  Zone,  Panama,  Hawaii,  or  Porto  Rico. — Hereafter  the 
laws  allowing  increase  of  pay  to  officers  and  enlisted  men  for  foreign  service 
shall  not  apply  to  service  in  the  Canal  Zone,  Panama,  or  Hawaii,  or  Porto 
Rico.— Act  of  Aug.  24,  1912  (37  Stat.,  576). 


62        PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND   MISCELLANEOUS. 

GENERAL  STAFF  CORPS. 

314.  Mobile  Ann;/  and   Count  Artillery  Divisions   abolished,   business   trans- 
ferred: Chief  of  Coast  ArtUJcrti  <txxi</ne<l   tit  Ucncrul  Staff,  duties,  etc. — The 
org:ini/alions   heretofore   existing   in    or   in    connection -with   the   office  of  tlio 
Chief  of  Staff  under  the  designation  of  the  mobile  finny  division  and  the  Coast 
Artillery  division  lie.  and  they  are  hereby,  abolished  and  shall  not  be  reestab- 
lished.    The  business  heretofore  transacted  in  said  divisions,  except  such  as 
comes    clearly    within    the    general    powers    specified    in    and    conferred    upon 
members  of  the  General  Stall  Corps  by  the  organic  act  of  Congress,  approved 
February  fourteenth,  nineteen  hundred  and  three,  is  hereby  transferred  as  fol- 
lows, to  wit,  to  the  office  of  the  Chief  of  Coast  Artillery,  all  business  appor- 
tioned to  that  office  by  law  or  Army   reguhitions  at   the  time  of  th?  creation 
of  the  Coast  Artillery  division  of  the  office  of  the  Chief  of  Staff;  to  the  office 
of  The  Adjutant  General  or  other  bureau  or  bureaus  concerned,  all  other  busi- 
ness;  and,  subject  to   the  exercise  of  the  supervising,  coordinating,   and   in- 
forming powers  conferred  upon   members  of  the  General   Staff  Corps  by  the 
act  of  Congress  last  hereinbefore  cited,  the  business  transferred  by  this  proviso 
to  certain  bureaus  or  offices  shall   hereafter  be  transacted  exclusively  by   or 
under  the  direction  of  the  respective  heads  thereof;  and  the  Chief  of  Coast 
Artillery  shall  be  an  additional  member  of  the  General  Staff  Corps  and  shall 
also  be  advisor  to  and  informant  of  the  Chief  of  Staff  in  respect  to  the  business 
under  his  charge.— See.  .7,  net  of  June  3,  1916  (Mi  Ptnt.,  168}. 

315.  Specific   duties   of   General   Staff   Corp*    to    be   adhered   to. — Hereafter 
members  of  the  General  Staff  Corps  shall  be  confined  strictly  to  the  discharge 
of  the  duties  of  the  general  nature  of  those  specified  for  them  in  this  section 
and  in  the  organic  act  of  Congress  last  hereinbefore  cited,  and  they  shall  not 
he  permitted  to  assume  or  engage  in  work  of  an  administrative  nature  that 
I>ertains  to  established  bureaus  or  offices  of  the  War  Department,   or  that, 
being  assumed  or  engaged  in  by  members  of  the  General  Staff  Corps,  would 
involve  impairment  of  the  responsibility  or  initiative  of  such  bureaus  or  offices, 
or  would  cause  injurious  or  unnecessary  duplication  of  or  delay  in  the  work 
thereof.    Ibid. 

316.  Officers  allowing  violations  to  lose  pay,  etc. — All  pay  and  allowances 
shall  be  forfeited  by  any  superior  for  any  period  during  which,  by  his  order 
or  his  permission,  or  by  reason  of  his  neglect,  any  subordinate  shall  violate 
any  of  the  foregoing  provisions  of  this  section. — Ibid. 

HEADQUARTERS  OF  THE  SEVERAL  TERRITORIAL  DEPARTMENTS,  DISTRICTS.  DIVISIONS, 
AND  BRIGADES,  AND  SERVICE  SCHOOLS. 

317.  Clerks  and  messenger*;  i><ni.  dc. — Seven  clerks,  at  two  thousand  dollars 
each  per  annum;  eleven  clerks,  at  one  thousand  eight  hundred  dollars  each 
per  annum ;  fourteen  clerks,  at  one  thousand  six  hundred  dollars  each  per 
annum ;    thirty-two   clerks,   at   one   thousand   four   hundred   dollars   each   per 
annum ;  fifty-seven  clerks,  at  one  thousand  two  hundred  dollars  each  per  an- 
num ;  forty-nine  clerks,  at  one  thousand  dollars  each  per  annum ;  thirty-nine 
messengers,   at  seven   hundred   and   twenty  dollars  each  per   annum ;    in   all 
two  hundred  and  forty-six  thousand  four  hundred  and  eighty  dollars. — Annual 
appropriation  act. 

318.  Assignment  to  duty  in  War  Department  prohibited. — No  clerk,  messen- 
ger, or  laborer  at  headquarters  of  tactical  divisions,  miltary  departments,  bri- 


PAY   AND  ALLOWANCES   OF   THE   ARMY,   AND   MISCELLANEOUS.       63' 

gades,  service  schools     *     *     *     shall  be  assigned  to  duty  in  any  bureau  of  the 
War  Department. — Annual  appropriation  act. 

319.  Increased  pay  for  foreign  service. — On   and  after  July  first,  nineteen 
hundred  and  fourteen,  the  pay  of  clerks  and  messengers  at  headquarters  of 
territorial  departments,  tactical  divisions,  brigades,  and  service  schools,  who 
are  citizens  of  the  United  States,  shall  be  increased  two  hundred  dollars  each 
per  annum  while  serving  in  the  Philippine  Islands,  such  service  to  be  com- 
puted from  the  date  of  departure  from  the  continental  limits  of  the  United 
States  to  the  date  of  return  thereto. — Act  of  Mar.  4,  1915  (38  Stat.,  1067). 

320.  Authority  for  employment  of  Filipinos. — The  money  hereby  appropriated 
for  such  of  said  clerks  at  one  thousand  two  hundred  dollars  and  one  thousand 
dollars  each  per  annum,  and  such  of  said  messengers  at  seven  hundred  and 
twenty  dollars  each  per  annum  as  may  be  employed  and  assigned  by  the  Secre- 
tary of  War  to  the  headquarters  of  the  Philippine  Department,  districts  and  posts 
therein,  may,  in  case  of  vacancy  and  in  the  discretion  of  the  commanding 
general,   Philippine  Department,  be  expended,   in  whole  or  in   part,   for  the 
employment  of  Filipinos  as  clerks  at  not  to  exceed  five  hundred  dollars  each  per 
annum,  and  messengers  at  not  to  exceed  three  hundred  dollars  per  annum. 
And  said  clerks,  messengers,  and  laborers  shall  be  employed  and  assigned  by  the 
Secretary  of  War  to  the  offices  and  positions  in  which  they  are  to  serve. — Hid. 

MILITARY  ACADEMY. 

APPKOPRIATION. 

321.  To  be  disbursed  and  accounted  for  ~by  Quartermaster  Corps. — All  the 
money  hereinbefore  appropriated  for  the  pay  of  the  Military  Academy  shall  be 
disbursed  and  accounted  for  by  officers  of  the  Quartermaster  Corps  as  pay  of 
the  Military  Academy,  and  for  that  purpose  shall  constitute  one  fund. — Annual 
appropriation  act. 

322.  Settlement  of  transactions  between  Military  Academy  and  bureaus  of 
the  War  Department. — Hereafter  in  settling  transactions  between  appropriations 
for  the  support  of  the  United  States  Military  Academy  and  other  bureaus  of  the 
War  Department,  or  between  the  United  States  Military  Academy  and  any 
other  executive  department  of  the  Government,  payment  therefor  shall  be  made 
by  the  disbursing  officer  of  the  United  States  Military  Academy  or  of  the  office, 
bureau,  or  department  concerned. — Act  of  Aug.  11,  1916  (89  Stat.,  504). 

CADETS. 

323.  Annual  pay. — The  pay  of  cadets  at  the  Military  Academy  shall  hereafter 
be  six  hundred  dollars  a  year. — Act  of  May  11,  1908  (35  Stat.,  108). 

324.  Traveling   expense;   candidates. — Hereafter   the   actual   and   necessary 
traveling  expenses  of  candidates  while  proceeding  from  their  homes  to  the 
Military  Academy  for  qualification  as  cadets  shall,  if  admitted,  be  credited 
to  their  accounts  and  paid  after  admission  from  the  appropriation  for  the 
transportation  of  the  Army  and  its  supplies. — Act  of  June  28,  1902  (32  Stat., 
409). 

325.  Rations  and  commutation  therefor. — Hereafter  cadets  shall  be  entitled 
to  rations,  or  commutation  therefor,  as  hithereto  allowed  under  the  act  ap- 
proved June  twenty-eighth,  nineteen  hundred  and  two. — Act  of.  May  28,  1908 
(35  Stat.,  430). 


64       PAY  AND  ALLOWANCES  OF   THE  AHMY,  AND   MISCELLANEOUS. 

326.  Rations,  commutation  of,  rate,  etc, — Of  commutation  of  rations  to  the 
cadets  of  the  United  States  Military  Academy  in  lieu  of  the  regular  established 
ration,  at  the  rate  of  forty  cents  per  ration. — Act  of  Aug.  29,  1916  (39  Stat., 
630).     See  annual  appropriation  acts. 

327.  Graduates,  pay  of. — Every  cadet  who  has  heretofore  graduated  or  may 
hereafter  graduate  at  the  West  Point  Military  Academy,  and  who  has  been,  or 
may  hereafter  be,  commissioned  a  second  lieutenant  in  the  Army  of  the  United 
States,   under   the   laws   appointing   such   graduates   to   the   Army,    shall   be 
allowed  full  pay  as  second  lieutenant  from  the  date  of  his  graduation  to  the 
date  of  his  acceptance  of  and  qualification  under  his  commission  and  during 
his  graduation  leave,  in  accordance  with  the  uniform  practice  which  has  pre- 
vailed since  the  establishment  of  the  Military  Academy. — Act  of  Dec.  20,  1886 
(24  Stat.,  351). 

328.  Same — Mileage. — Hereafter  a  graduate  of  the  Military  Academy  shall 
receive  mileage  as  authorized  by  law  for  officers  of  the  Army  from  his  home 
to  the  station  which  he  first  joins  for  duty. — Act  of  Aug.  9,  1912   (37  Stat., 
252). 

'    CIVILIANS. 

329.  Chapel  organist  and   choirmaster;   public   quarters,   fuel,   and   light. — 
Hereafter   the   chapel   organist   and   choirmaster   shall   be  entitled   to   public 
quarters  when  available  and  to  the  same  allowances  with  respect  to  fuel  and 
light    as    those    of   a    second    lieutenant   when    occupying   public    quarters. — 
Act  of  Aug.  11,  1916  (39  Stat.,  497). 

330.  Custodian  of  gymnasium. — For  pay  of  one  custodian  of  gymnasium,  who 
shall  hereafter  be  selected  and  appointed  by  the  Superintendent  of  the  Military 
Academy  under   Schedule  A,   classified   positions  excepted  from  examination 
under  rule  two,  clause  three,  civil-service  rules,  who  shall  be  qualified  to  act  as 
trainer    for    the   various    cadet    athletic    teams,    one    thousand    two    hundred 
dollars.— Act  of  Mar.  3, 1911  (36  Stat.,  1019). 

ENLISTED    MEN. 

331.  Additional  pay  of  certain. — The  noncommissioned  officer  in  charge  of 
mechanics  and  other  labor  at  the  Military  Academy,  the  soldier  acting  as  clerk 
in  the  adjutant's  office,  and  the  four  enlisted  men  in  the  philosophical  and 
chemical  departments  and  lithographic  office  shall  receive  fifty  dollars  a  your 
additional  pay. — Sec.  1341,  R.  S. 

332.  Acting  first  sergeant,  detachment  of  engineers;  pay,  etc. — Hereafter  the 
pay  and  allowances  of  the  acting  first  sergeant  of  the  United  States  Military 
Academy  detachment  shall  be  the  same  as  the  pay  and  allowances  of  a  first 
sergeant  of  a  company  of  engineers.— Act  of  Mar.  3,  1911  (36  Stat.,  101  lh. 

333.  Same;  when  retired. — When  an  acting  first  sergeant  of  the  detachment 
of  engineers  may  hereafter  be  retired  his  retired  pay  and  allowances  shall  be 
the  same  as  the  pay  and  allowances  of  a  retired  first  sergeant  of  a  company  of 
engineers. — Ibid. 

334.  Engineer  detachment;  pay  and  allowances. — Hereafter  there  shall   be 
maintained  at  the  United  States  Military  Academy  an  engineer  detachment, 


PAY  AND  ALLOWANCES   OF   THE   ARMY,  AND  MISCELLANEOUS.       65 

which  shall  consist  of  one  first  sergeant,  one  quartermaster  sergeant,  eight 
sergeants,  ten  corporals,  two  cooks,  two  musicians,  thirty-eight  first-class 
privates,  and  thirty-eight  second-class  privates.  *  *  *  That  the  enlisted  men 
of  said  detachment  shall  receive  the  same  pay  and  allowances  as  are  now  or 
may  be  hereafter  authorized  for  corresponding  grades  in  the  battalions  of  engi- 
neers — Act  of  Aug.  9,  1912  (37  tSat.,  254). 

335.  Extra-duty  pay  limited. — The  extra-duty  pay  provided  by  the  preceding 
paragraphs  shall  not  be  paid  to  any  enlisted  man  who  received  extra-duty  pay 
under  existing  laws  or  Army  regulations. — Annual  appropriation  acts. 

336.  Band  and  field  musicians;  monthly  and  continuous  service  pay. — Here- 
after the  monthly  pay  during  the  first  enlistment  of  enlisted  men  of  the  band 
and  field  musicians  of  the  United  States  Military  Academy  shall  be  as  herein- 
before stated,  and  the  continuous-service  pay  of  all  grades  shall  be  the  same  as 
provided  in  the  act  approved  May  eleventh,  nineteen  hundred  and  eight,  entitled 
"  An  act  making  appropriation  for  the  support  of  the  Army  for  the  fiscal  year 
ending  June  thirtieth,  nineteen  hundred  and  nine" :  Provided,  That  the  band  or 
members  thereof  and  the  field  musicians  of  the  Military  Academy  shall  not 
receive  remuneration  for  furnishing  music  outside  the  limits  of  the  military 
reservation  when  the  furnishing  of  such  music  places  them  in  competition  with 
local  civilian  musicians. — Act  of  May  28,  1908  (35  Stat.,  481). 

337.  Army  service  detachment;  extra  pay  of. — Extra  pay  of  the  enlisted  men 
of  the  Army  service  detachment,  Quartermaster's  Department,  on  extra  duty 
at  West  Point. — Annual  appropriation  act. 

338.  Overseer,   extra-duty  pay   from  appropriation   for   ivaterworks. — From 
the  foregoing  appropriations  for  waterworks,  or  from  any  appropriation  that 
may  hereafter  be  made  for  waterworks,  a  sum  of  not  to  exceed  seventy-five 
cents  per  day  may  be  paid  as  extra-duty  pay  to  the  overseer,  when  such  overseer 
is  a  soldier  detailed  for  that  duty.— Act  of  Mar.  2,  1901  (31  Stat.,  920). 

339.  Headquarters,  Corps  of  Cadets,  rank,  pay,  etc. — The  enlisted  man  in  the 
headquarters,  United  States  Corps  of  Cadets,  performing  that  duty  has  the 
rank,  pay,  and  allowances  of  that  grade  (battalion  sergeant  major,  Infantry). — 
Act  of  Aug.  11,  1916  (39  Stat.,  496). 

OFFICERS. 

340.  Superintendent,  and  commandant  of  cadets;  pay,  etc. — The  superintend- 
ent of  the  Military  Academy  shall  have  the  pay  of  a  colonel,  and  the  comman- 
dant of  cadets  shall  have  the  pay  of  a  lieutenant  colonel. — Sec.  1334,  R.  S. 

341.  Professors;  pay,  etc. — Each  of  the  professors  of  the  Military  Academy 
whose  service  as  professor  at  the  academy  exceeds  ten  years  shall  have  the 
pay  and  allowances  of  colonel  and  all  other  professors  shall  have  the  pay  and 
allowances  of  lieutenant  colonels. — Sec.  1336,  R.  S.,  as  amended  oy  act  of  June 
23,1879  (21  Stat.,  34). 

342.  Instructor  of  ordnance  and  science  of  gunnery f  pay,  etc. — The  instructor 
of  ordnance  and  science  of  gunnery  and  of  practical  engineering  shall  have 
the  pay  and  allowances  of  major. — Sec.  1336,  R.  S.,  as  amended  by  act  of  June 
23,  1879  (21  Stat.,  34). 

49392—18 5* 


66        PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND   MISCELLANEOUS. 

843.  Professor  of  English  and  history. — The  head  of  the  department  of  Eng- 
lish and  history  shall  hereafter  have  the  same  status  as  the  professors  at  the 
head  of  the  other  departments  of  instruction  at  the  Military  Academy,  and  the 
President  of  the  United  States  is  hereby  authorized,  by  and  with  the  consent  of 
the  Senate,  to  appoint  a  civilian  in  the  department  of  English  and  history, 
United  States  Military  Academy,  a  professor  at  the  Military  Academy,  with 
the  rank,  pay,  allowances,  title,  and  status  of  the  other  professors:  Provided 
further,  That  the  provisions  of  law  relating  to  retirement  for  disability  in  line  of 
duty  shall  not  apply  in  the  case  of  this  professor  until  after  he  shall  have 
served  fifteen  years  at  the  Military  Academy. — Act  of  Apr.  19,  1910  (36  Stat., 
812} . 

344.  Professors,  ten  per  centum  increase. — Hereafter  there  shall  be  allowed 
and  paid  to  the  said  professors  ten  per  centum  of  their  current  yearly  pay  for 
each  and  every  terra  of  five  years'  service  in  the  Army  and  at  the  Academy: 
Provided,  That  such  addition  shall  in  no  case  exceed  forty  per  centum  of  said 
yearly  pay ;  and  said  professors  are  hereby  placed  upon  »the  same  footing,  as 
regards  restrictions  upon  pay  and  retirement  from  active  service,  as  officers  of 
the  Army. — Sec.  1336,  R.  S.,  as  amended  by  act  of  June  23,  1879  (21  Stat.,  34). 

845.  Associate  professor  of  modern  languages;  pay,  etc. — The  Secretary  of 
War  shall  assign  an  officer  of  the  Army  to  the  Military  Academy  as  associate 
professor  of  modern  languages  and  that  such  officer  while  so  serving  shall  re- 
ceive the  pay  and  allowances  of  a  major. — Act  of  Alar.  3,  1903  (32  Stat.,  1012). 

346.  Associate  professor  of  mathematics;  pay,  etc. — The  associate  professor 
of  mathematics  shall  have  the  pay  and  allowances  of  a  major. — Act  of  Mar.  S, 
1905  (33  Stat.,  850). 

847.  Assistant  professors,  pay  and  allowances. — Each  assistant  professor  and 
each  senior  assistant  instructor  of  Cavalry,  Artillerj ,  and  Infantry  tactics  and 
the  instructor  of  practical  military  engineering  shall  receive  the  pay  of  a  cap- 
tain.—Sec.  ^337,  R.  S. 

348.  Assistant  instructors  of  tactics,  pay  and  allowances. — The  assistant  in- 
structors of  tactics  commanding  cadet  companies  at  West  Point  shall  receive 
the  pay  and  allowances  as  assistant  professors  in  the  other  branches  of  study. — 
Act  of  Mar.  3,  1875  (18  Stat.,  467). 

349.  Professors,   retirement. — The   professors   of   the   Military   Academy   at 
West  Point  are  placed  on  the  same  footing,  as  to  retirement  from  active  service, 
as  officers  of  the  Army. — Sec.  1333,  R.  S. 

350.  Master  of  the  sword. — The  master  of  the  sword  shall  have  the  relative 
rank  and  shall  be  entitled  to  the  pay,  allowances,  and  emoluments  of  a  captain 
mounted.— Ac*  of  Mar.  3,  1905  (33  Stat.,  850). 

351.  Same — Present  incumbent  to  have  pay,  etc.,  of  a  major. — The  master 
of  the  sword  shall  have  the  relative  rank  and  shall  be  entitled  to  the  pay, 
allowances,  and  emoluments  of  a  major  during  the  active  service  of  the  present 
incumbent  of  that  office.— Act  of  May  29,  1917  (40  Stat.,  90). 

352.  Teacher  of  music;  pay,  emoluments,  etc. — The  teacher  of  music  shall 
receive  the  pay  of  a  second  lieutenant  not  mounted     *     *     *     and  shall  be 


PAY  AND  ALLOWANCES   OF   THE   ARMY,   AND   MISCELLANEOUS.       67 

entitled  to  the  same  benefits  in  respect  to  pay,  emoluments,  and  retirement 
arising  from  longevity,  reenlistment,  and  length  of  service  as  are  or  may 
hereafter  become  applicable  to  other  officers  *  *  *  of  the  Army. — Act  of 
Mar.  3,  1905  (33  Stat.,  853). 

353.  Librarian  and  assistant  librarian. — The  librarian  and  assistant  librarian 
at  the  Military  Academy  shall  each  receive  one  hundred  and  twenty  dollars 
a  year  additional  pay.— Sec.  1340,  R.  8. 

354.  Adjutant. — The  adjutant  of  the  Military  Academy  shall  have  the  pay 
of  an  adjutant  of  a  Cavalry  regiment. — Sec.  13 Jo,  R.  S. 

355.  Treasurer  and  quartermaster  and  commissary  of  cadets. — For  pay  of 
treasurer  and  quartermaster  and  commissary  of  cadets,   in  addition   to   pay 
as  captain,  six  hundred  dollars. — Annual  appropriation  act. 

356.  Chaplain;  pay  and  allowances. — The  duties  of  chaplain  at  the  Military 
Academy  shall  hereafter  be  performed  by  a  clergyman. to  be  appointed  by  the 
President  for  a  term  of  four  years,  and  the  said  chaplain  shall  be  eligible  for 
icappointment  for  an  additional  term  or  terms,  and  shall,  while  so  serving,  re- 
ceive the  same  pay  and  allowances  as  are  now  allowed  to  a  captain  mounted. — 
Act  of  Feb.  18,  1896  (29  Stat.,  8). 

357.  Constructing  quartermaster;  additional  pay. — For  pay  of  one  construct- 
ing quartermaster,  in  addition  to  his  regular  pay,  one  thousand  dollars:  Pro- 
vided, That  this  increased  salary  shall  only  apply  during  the  time  this  office  is 
held  by  the  present  incumbent. — Act  of  Mar.  3,  1911  (36  Stat.,  1017). 

358.  Same — Limitation  repealed. — So  much  of  the  act  approved  March  third, 
nineteen  hundred  and  eleven,  making  appropriations  for  the  support  of  the  Mili- 
tary Academy  for  the  fiscal  year  ending  June  thirtieth,  nineteen  hundred  and 
twelve,  as  provided  that  the  increase  of  salary  of  the  constructing  quarter- 
master should  only  apply  during  the  term  the  office  was  held  by  the  then  in- 
cumbent is  hereby  repealed,  and  the  additional  pay  thus  provided  is  available 
for  the  present  incumbent  from  the  date  he  entered  upon  his  duties. — Act  of 
Aug.  9,  1912  (37  Stat.,  252). 

359.  One   line   offlcer   on    duty   in   the   quartermaster's    department    at    the 
Academy;  pay,  etc. — For  pay  of  one  line  officer  on  duty  in  the  quartermaster's 
department  at  the  Academy,  in  addition  to  pay  as  first  lieutenant,  four  hun- 
dred dollars.^-Acf  of  Mar.  //,  1913  (37  Stat.,  857). 

360.  Permanent   professor,   thirty-three   years1   service. — Any   officer  of   the 
United  States  Army  now  holding  the  position  of  permanent  professor  at  the 
United  States  Military  Academy  who  on  July  first,  nineteen  hundred  and  four- 
teen, should  have  served  not  less  than  thirty-three  years  in  the  Army,  one-third 
of  which  service  shall  have  been  as  professor  and  instructor  at  the  Military 
Academy,  shall  on  that  date  have  the  rank,  pay,  and  allowances  of  a  colonel  of 
the  Army.— Ac*  of  Aug.  9,  1912  (37  Stat.,  264). 

361.  Same. — Any  officer  of  the  United  States  Army  now  holding  the  position 
of  permanent  professor  at  the  United  States  Military  Academy  who  on  July 
first,  nineteen  hundred  and  sixteen,  should  have  served  not  less  than  thirty- 

49392* 


68        PAY  AND  ALLOWANCES  OF   THE   ARMY,  AND   MISCELLANEOUS. 

three  years  in  the  Army,  one-third  of  which  service  shall  have  been  as  professor 
and  instructor  at  the  Military  Academy,  shall  on  that  date  have  the  rank,  pay, 
and  allowances  of  a  colonel  of  the  Army. — Act  of  Aug.  11,  1916  (39  Stat.,  //#3). 

LEAVE  OF   ABSENCE. 

362.  Of  superintendent. — Leave  of  absence  may  be  granted  by  the  superin- 
tendent (of  the  Military  Academy),  under  regulations  prescribed  by  the  Secre- 
tary of  War,   to   the  professors,   assistant  professors,   instructors,   and  other 
officers  of  the  academy  for  the  entire  period  of  the  suspension  of  the  ordinary 
academic  studies,  without  deduction  from  pay  or  allowances. — Sec.  1330,  R.  8. 

363.  Of  officers,  professors,  etc. — Hereafter  the  Secretary  of  War  may  grant 
the  superintendent  of  the  academy  leave  of  absence  without  deduction  from  pay 
or  allowances  for  the  same  period  that  the  superintendent  may  grant  leave  of 
absence  to  other  officers  of  the  academy  under  the  provisions  of  section  thirteen 
hundred  and  thirty  of  the  Revised  Statutes.— Ac*  of  Aug.  9,  1912  (87  Stat.,  263). 

NATAL  AND  MARINE  DETACHMENTS. 

364.  On  shore  duty;  equipage,  transportation,  horses,  forage,  etc.,  to  be  fur- 
nished.— The  officers  of  the  Quartermaster's  Department  shall,  upon  the  requisi- 
tion of  the  naval  or  marine  officer  commanding  any  detachment  of  seamen  or 
marines  under  orders  to  act  on  shore,  in  cooperation  with  land  troops,  and 
during  the  time  each  detachment  is  so  acting  or  proceeding  to  act,  furnish  the 
officers  and  seamen  with  camp  equipage,  together  with  transportation  for  said 
officers,  seamen,  and  marines,  their  baggage,  provisions,  and  cannon,  and  shall 
furnish  the  naval  officer  commanding  any  such  detachment,  and  his  necessary 
aids,  with  horses,  accouterments,  and  forage. — Sec.  1135,  R.  S. 

365.  Rations  to  be  furnished;  when. — The  officers  of  the  subsistence  depart- 
ment shall,  upon  the  requisition  of  the  naval  or  marine  officer  commanding  any 
detachment  of  seamen  or  marines  under  orders  to  act  on  shore,  in  cooperation 
with  the  land  troops,  and  during  the  time  such  detachment  is  so  acting  or  pro- 
ceeding to  act,  furnish  rations  to  the  officers,  seamen,  and  marines  of  the  same. — 
Sec.  1143,  R.  S. 

NURSE    CORPS    (FEMALE). 

366.  Superintendent  of;  annual  pay,  etc. — The  Nurse  Corps   (female)   shall 
consist  of  one  superintendent,  to  be  appointed  by  the  Secretary  of  War,  who 
shall  be  a  graduate  of  a  hospital  training  school  having  a  course  of  instruction 
of  -not  less  than  two  years,  whose  term  of  office  may  be  terminated  at  his  dis- 
cretion, whose  compensation  shall  be  one  thousand  eight  hundred  dollars  per 
annum,  and  of  as  many  chief  nurses,  nurses,  and  reserve  nurses  as  may  be 
needed.— Sec.  19,  act  of  Feb.  2,  1901  (31  Stat.,  753). 

867.  Same — Quarters,  subsistence,  and  medical  care. — Hereafter  the  super- 
intendent of  the  Nurse  Corps  shall  receive  such  allowances  of  quarters,  sub- 
sistence, and  medical  care  during  illness  as  may  be  prescribed  in  regulations  by 
the  Secretary  of  War.— Act  Aug.  29,  1916  (39  Stat.,  626). 

868.  Same — Transportation  and  travel  expenses;  when. — The  superintendent 
and  nurses  shall  receive  transportation  and  necessary  expenses  when  traveling 
under  orders.— Sec.  19,  act  of  Feb.  2,  1901  (31  Stat.,  753). 


AND  MISCELLANEOUS.       69 

869.  Allowances,  when  on  duty. — The  superintendent  shall  be  entitled  to  the 
same  allowances,  when  on  duty,  as  the  members  of  the  Nurse  Corps. — Act  Mar. 
23,  1910  (36  Stat.,  249). 

370.  Nurses,  chief  nurses,  and  reserve  nurses;  rates  of  pay,  leave,  etc. — 
Female  nurses,  fifty  dollars  per  month  for  the  first    period  of    three    years' 
service  ;  fifty-five  dollars  per  month  for  the  second  period  of  three  years'  service ; 
sixty  dollars  per  month  for  the  third  period  of  three  years'  service;  and  sixty- 
five  dollars  per  month  after  nine  years'  service  in  said  Nurse  Corps ;  and  all 
female  nurses  shall  hereafter  be  entitled,  in  addition  to  the  rates  of  pay  as 
herein  provided,  to  ten  dollars  per  month  when  serving  beyond  the  limits  of 
the  States  comprising  the  Union  and  the  Territories  of  the  United  States  con- 
tiguous thereto  (excepting  Porto  Rico  and  Hawaii),  and  to  cumulative  leave  of 
absence  with  pay  at  the  rate  of  thirty  days  for  each  calendar  year  of  service 
in  said  corps ;  and  when  serving  as  chief  nurses  their  pay  may  be  increased  by 
authority  of  the  Secretary  of  War,  such  increase  not  to  exceed  thirty  dollars 
per  month.— Act  of  Mar.  23,  1910  (36  Stat.,  249). 

371.  Commutation  of  rations. — Of  the  regulation  allowances  of  commutation 
in  lieu  of  rations  to     *     *     *     male  and  female  nurses  when  stationed  at  places 
where  rations  in  kind  can  not  be  economically  issued,  and  when  traveling  on 
detached  duty  where  it  is  impracticable  to  carry  rations  of  any  kind     *     *     * 
on  leaves  of  absence. — Annual  appropriation  acts. 

372.  Same — On  duty  in  hospitals. — For  payment  of  the  regulation  allowances 
of  commutation  in  lieu  of  rations  for  members  of  the  Nurse  Corps   (female), 
while  on  duty  in  hospital,     *     *     *     to  be  paid  to  the  surgeon  in  charge. — Act 
of  Oct.  6,  19J7  (-'/O  Stat.,  358).     (See  also  annual  appropriation  acts.) 

373.  Commutation  of  quarters. — Hereafter,  at  places  where  there  are  no  pub- 
lic quarters  available,  commutation  for  the  authorized  allowance  therefor  shall 
be  paid  to    *     *     *    members  of  the  Nurse  Corps    *     *     *    at  the  rate  of  $12 
per  room  per  month. — Act  of  Mar.  4,  1915  (38  Stat.,  1069). 

874.  Commutation  of  quarters,  heat,  and  light. — For  commutation  of  quarters 
and  of  heat  and  light  to  *  *  *  members  of  the  Nurse  Corps,  *  *  *  on 
duty  at  places  where  no  public  quarters  are  available. — Annual  appropriation 
acts. 

375.  Reserve    nurses;    no    compensation    except    for    active    duty. — Reserve 
nurses  may  be  assigned  to  active  duty  when  the  emergency  of  the  service  de- 
mands, but  shall  receive  no  compensation  except  when  on  such  duty :  Provided, 
That  all  nurses  in  the  Nurse  Corps  shall  be  appointed  or  removed  by  the  Sur- 
geon General,  with  the  approval  of  the  Secretary  of  War;  that  they  shall  be 
graduates  of  hospital  training  schools,  and  shall  have  passed  a  satisfactory 
professional,  moral,  mental,  and  physical  examination. — Sec.  19,  Act  of  Feb.  2, 
1901   (31  Stat.,  753). 

376.  Allowances   during  illness  and  annual  leave. — They    (members  of  the 
Nurse  Corps)  shall  be  entitled  to  quarters,  subsistence,  and  medical  attendance 
during  illness,  and  they  may  be  granted  leaves  of  absence  for  thirty  days,  with 
pay,  for  each  calendar  year. — Sec.  19.  Act  of  Feb.  2,  1901   (31  Stat.,  753). 


70       PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND  MISCELLANEOUS. 

377.  Cumulative  leave. — The  superintendent  and  members  of  the  Female 
Nurse  Corps  when  serving  in  Alaska  or  at  places  without  the  limits  of  the 
United  States  may  be  allowed  the  same  privileges  in  regard  to  cumulative  leaves 
of  absence  and  method  of  computation  of  same  as  are  now  allowed  by  law  to 
Army  officers  so  serving.— Act  of  Mar.  4,  1912  (37  Stat.,  72). 

878.  Hospital  matrons;  monthly  pay,  etc. — Hospital  matrons  in  post  or  regi- 
mental hospitals  shall  receive  ten  dollars  a  month,  and  female  nurses  in  general 
hospitals  shall  receive  forty  cents  a  day.  One  ration  in  kind  or  by  com- 
mutation shall  be  allowed  to  each.— Sec.  1277,  R.  S. 

379.  Rations  in  kind;  hospital  matrons,  members  of  Female  Nurse  Corps, 
and  nurses  employed  in  post  and  regimental  hospitals. — Hospital  matrons  and 
nurses  employed  in  post  or  regimental  hospitals  (and  members  of  the  Female 
Nurse  Corps)  shall  be  entitled  to  receive  one  ration  daily. — Sec.  1295,  as 
amended  by  sec.  19,  act  of  Feb.  2,  1901  (31  Stat.,  753). 

PHILIPPINE  SCOUTS. 

880.  Enlistment  of  Philippine  natives. — When  in  his  opinion  the  conditions 
in  the  Philippine  Islands  justify  such  action  the  President  is  authorized  to 
enlist  natives  of  those  islands  for  service  in  the  Army,  to  be  organized  as  scouts, 
with  such  officers  as  he  shall  deem  necessary  for  their  proper  control,  or  as 
troops  or  companies,  as  authorized  by  this  act,  for  the  Regular  Army.  The 
President  is  further  authorized,  in  his  discretion,  to  form  companies,  organized 
as  are  companies  of  the  Regular  Army,  in  squadrons  or  battalions,  with  officers 
and  noncommissioned  officers  corresponding  to  similar  organizations  in  the 
Cavalry  and  Infantry  arms.  The  total  number  of  enlisted  men  in  said  native 
organizations  shall  not  exceed  twelve  thousand,  and  the  total  enlisted  force 
of  the  line  of  the  Army,  together  with  such  native  force,  shall  not  exceed  at 
any  one  time  one  hundred  thousand. — Sec.  36,  act  of  Feb.  2, 1901  (31  Stat.,  757). 

381.  Majors  of;  rank,  pay,  and  allowances. — The  majors  to  command  the 
squadrons  and  battalions  shall  be  selected  by  the  President  from  captains  of 
the  line  of  the  Regular  Army,  and  while  so  serving  they  shall  have  the  rank, 
pay,  and  allowances  of  the  grade  of  major — Ibid. 

882.  Captains  of;  rank,  pay,  and  alloivances. — The  captains  of  the  troops  or 
companies  shall  be  selected  by  the  President  from  the  first  lieutenants  of  the 
line  of  the  Regular  Army,  and  while  so  serving  they  shall  have  the  rank,  pay, 
and  allowances  of  captain  of  the  arm  to  which  assigned. — Ibid. 

888.  Lieutenants  of;  provisional  appointments,  pay,  and  allowances. — When, 
in  the  opinion  of  the  President,  natives  of  the  Philippine  Islands  shall,  by  their 
services  and  character,  show  fitness  for  command,  the  President  is  authorized 
to  make  provisional  appointments  to  the  grades  of  second  and  first  lieutenants 
from  such  natives,  who,  when  so  appointed,  shall  have  the  pay  and  allowances 
to  be  fixed  by  the  Secretary  of  War,  not  exceeding  those  of  corresponding 
grades  of  the  Regular  Army. — Ibid. 

884.  Provisional  officers  and  enlisted  men;  pay  and  allowances. — The  pay 
and  allowances  of  provisional  officers  of  native  organizations  shall  be  those 
authorized  for  officers  of  like  grades  in  the  Regular  Army.  The  pay,  rations, 
and  clothing  allowances  to  be  authorized  for  the  enlisted  men  shall  be  fixed 


PAY  AND  ALLOWANCES   OF   THE   ARMY,  AND   MISCELLANEOUS.       71 

by  the  Secretary  of  War,  and  shall  not  exceed  those  authorized  for  the  Regular 
Army. — Ibid. 

385.  Office  of  captain  created,  provisional  appointments,  etc. — The  office  of 
captain  in  the  Philippine  Scouts  is  hereby  created  as  a  grade  of  rank  in  the 
military  establishment.     Such  captains  shall  be  selected  from  officers  of  the 
grade  of  first  lieutenants  in  said  scouts,  and  shall  be  given  provisional  appoint- 
ments for  periods  of  four  years  each,  and  no  such  appointment  shall  be  con- 
tinued for  a  second  or  subsequent  period  unless  the  officers'  conduct  shall  have 
been  satisfactory  in  every  respect:  Provided,  That  the  number  of  officers  pro- 
visionally appointed  under  the  terms  of  this  act  shall  not  at  any  time  exceed 
the  number  of  companies  of  said  native  troops  which  may  be  formed  by  the 
President  from  time  to  time  for  service  in  the  Philippine  Islands. — Act  of  May 
16,  1908  (35  Stat.,  163). 

RETIREMENT  OF. 

386.  Captains  and  lieutenants  who  are  citizens  of  the  United  States,  pay, 
etc. — Captains  and  lieutenants  of  Philippine  Scouts  who  are  citizens  of  the 
United  States  shall  hereafter  be  entitled  to  retirement  under  the  laws  govern- 
ing the  retirement  of  enlisted  men  of  the  Regular  Army,  except  that  they  shall 
be  retired  in  the  grade  held  by  them  at  the  date  of  retirement,  shall  be  entitled 
to  retirement  for  disability  under  the  same  conditions  as  officers  of  the  Regular 
Army,  and  that  they  shall  receive,  as  retired  pay,  the  amounts  allowed  by  law, 
as  retired  pay  and  allowances  ,of  master  signal  electricians  of  the  United  States 
Army,  and  no  more. — Sec.  26,  act  of  June  8,  1916  (39  Stat.,  185). 

387.  Double  time  not  allowed,  except. — Double  time  for  service  beyond  the 
continental  limits  of  the  United  States  shall  not  be  counted  for  the  purposes  of 
this  section  so  as  to  reduce  the  actual  period  of  service  below  twenty  years. — 
Ibid. 

388.  Former  officers  may  be  retired. — Former  officers  of  the  Philippine  Scouts 
who,  because  of  disability  occasioned  by  wounds  received  in  action,  have  re- 
signed or  been  discharged  from  the  service,  or  who  have  heretofore  served  as 
such  for  a  period  of  more  than  five  years  and  have  been  retired  as  enlisted  men, 
shall  be  placed  upon  the  retired  list  as  officers  of  Philippine  Scouts  and  there- 
after receive  the  retired  pay  and  allowances  provided  by  this  section  for  other 
officers  of  Philippine  Scouts. — Ibid. 

389.  Transfer  of  retired  enlisted  men  formerly  officers  of  Philippine  Scouts. — 
That  any  former  officer  of  Philippine   Scouts  who  vacated  his  office  in  the 
Philippine  Scouts  by  discharge  or  resignation  on  account  of  disability  contracted 
in  the  line  of  duty  and  who  was  subsequently  retired  as  an  enlisted  man,  except 
any  former  officer  of  Philippine  Scouts  who  has  been  retired  as  an  enlisted  man 
by  special  act  of  Congress,  shall  be*  transferred  to  the  retired  list  created  by 
this  section,  and  shall  thereafter  receive  the  retired  pay  and  allowances  author- 
ized by  this  section,  and  no  more.     Officers  of  Philippine  Scouts  retired  under 
the  provisions  of  this  section  shall  not  form  part  of  the  limited  retired  list  now 
authorized  by  law. — Ibid. 

PORTO  RICO  REGIMENT   OP  INFANTRY. 

390.  Composition  of;  promotions  below  colonel  to  ~be  regimental. — The  Porto 
ftico  Regiment  of  Infantry  of  the  United  States  Army  shall  hereafter  have 

49392* 


72        PAY   AND  ALLOWANCES  OF   THE  ARMY,  AND   MISCELLANEOUS. 

the  same  organization,  and  the  same  grades  and  numbers  of  commissioned  of- 
ficers and  enlisted  men,  as  are  by  this  act  or  shall  hereafter  be  prescribed  by 
law  for  other  regiments  of  Infantry  of  the  Army.  All  vacancies  created  by 
this  act  or  occurring  hereafter  in  commissioned  officers  of  said  regiment  above 
the  grade  of  second  lieutenant  and  below  the  grade  of  colonel  shall,  except  as 
hereinafter  provided  to  the  contrary,  be  filled  by  promotion  according  to 
seniority  in  the  several  grades  and  within  the  regiment,  subject  to  the  examina- 
tion prescribed  by  section  three  of  the  act  of  Congress  approved  October  first, 
eighteen  hundred  and  ninety,  and  said  section  is  hereby  extended  so  as  to 
apply  in  the  cases  of  all  officers  below  the  grade  of  lieutenant  colonel,  who  shall 
hereafter  be  examined  for  promotion  in  the  Porto  Rico  Regiment  of  Infantry, 
except  that  the  President  may  prescribe  such  a  system  of  examination  for  the 
promotion  of  officers  of  said  regiment  as  he  may  deem  advisable. — Sec.  21,  act 
of  June  3,  1916  (39  Stat.,  181). 

391.  Colonel  to  be  detailed  from  Infantry;  appointments  to  regiment  vacan- 
cies.— The  colonel  of  said  regiment  shall  be  detailed  by  the  President,  from 
among  officers  of  Infantry  of  the  Army  not  below  the  grade  of  lieutenant  colo- 
nel, for  a  period  of  four  years  unless  sooner  relieved.     Vacancies  created  by 
this  act  in  the  grades  of  lieutenant  colonel  and  major  in  said  regiment  shall 
be  filled  by  appointments  from  the  senior  captains  in  regimental  rank  of  the 
Porto  Rico  regiment  mentioned  in  the  act  of  March  fourth,  nineteen  hundred 
and  fifteen ;  and  captains  and  lieutenants  of  said  regiment  shall  also  be  eligible 
for  such  detached  service,  transfer,  or  assignment  to  duty  with  other  organi- 
zations as  may  be  approved  by  the  Secretary  of  War;  but  vacancies  created 
by  such  detachment  of  officers  shall  not  be  filled  by  promotions  or  appoint- 
ments.— Ibid. 

392.  Enlistment  of  natives,  pay,  and  allowances  of. — All  men  hereafter  enlist- 
ing in  said  regiment  shall  be  natives  of  Porto  Rico.    All  enlistments  in  the 
regiment  shall  hereafter  be  the  same  as  is  provided  herein  for  the  Regular 
Army,  and  the  regiment,  or  any  part  thereof,  may  be  ordered  for  service  out- 
side the  island  of  Porto  Rico.    The  pay  and  allowances  of  members  of  said 
regiment  shall  be  the  same  as  provided  by  law  for  officers  and  enlisted  men 
of  like  grades  in  the  Regular  Army. — Ibid. 

393.  Appointments  to  the  grade  of  second  lieutenant. — Vacancies  created  by 
this  act  of  occurring  hereafter  in  the  grade  of  second  lieutenant  in  said  regi- 
ment shall  be  filled  during  any  calendar  year  by  the  appointment  by  the  Presi- 
dent, by  and  with  the  advice  and  consent  of  the  Senate,  of  any  native  of  Porto 
Rico  graduated  from  the  United  States  Military  Academy,  and,  after  such 
appointment  shall  have  been  made  or  provided  for,  by  like  appointment  of 
native  citizens  of  Porto  Rico  between  twenty-one  and  twenty-seven  years  of 
age.— Ibid. 

894.  Status  of  officers  in  Provisional  Regiment. — Officers  of  the  Porto  Rico 
Regiment  of  Infantry,  United  States  Army,  who  held  commissions  in  the 
Porto  Rico  Provisional  Regiment  of  Infantry  on  June  thirtieth,  nineteen  hun- 
dred and  eight,  shall  now  and  hereafter  take  rank  in  their  grades  in  the 
same  relative  order  held  by  them  in  said  Porto  Rico  Provisional  Regiment  of 
Infantry  on  June  thirtieth,  nineteen  hundred  and  eight,  subject  to  any  loss  in 
rank  due  to  failure  to  pass  examinations  for  promotion  or  to  sentence  of  court- 
martial. — Ibid. 


PAY   AND  ALLOWANCES   OF   THE   ARMY,   AND    MISCELLANEOUS.       73 

RATIONS— ISSUE  OF. 

395.  Quantity  and  kind  to  be  prescribed  by  the  President. — That  the  Presi- 
dent be,  and  he  is  hereby,  authorized  to  prescribe  the  kinds  and  quantities  of 
the  component  articles  of  the  Army  ration,  and  to  direct  the  issue  of  substitu- 
tive  equivalent  articles  in  place  of  any   such  components  whenever,   in  his 
opinion,  economy  and  a  due  regard  to  the  health  and  comfort  of  the  troops  may 
so  require.— Act  of  Feb.  2  1901  (31  Stat.,  758). 

396.  Line  and  medical  officers  to  unite  in  superintending  the  cooking. — The 
officers  of  the  Medical  Department  of  the  Army  shall  unite  with  the  officers  of 
the  line  (under  such  rules  and  regulations  as  shall  be  prescribed  by  the  Secre- 
tary of  War)  in  superintending  the  cooking  done  by  the  enlisted  men;  and  the 
Surgeon  General  shall  promulgate  to  the  officers  of  said  corps  such  regulations 
and  instructions  as  may  tend  to  insure  the  proper  preparation  of  the  ration  of 
the  soldier.— Sec.  1174,  R.  S. 

397.  Line  officers  to  superintend  the  cooking. — The  line  officers  of  the  Army 
shall  superintend  the  cooking  done  for  the  enlisted  men. — Sec.  1234,  R.  S. 

398.  Alcoholic  liquors  not  to  be  supplied  or  sold  to  enlisted  men. — That  no 
alcoholic  liquors,  beer,  or  wine,  shall  be  sold  or  supplied  to  the  enlisted  men 
in  any  canteen,  or  post  trader's  store,  or  in  any  room  or  building  at  any  garrison 
or  military  post,  in  any   State  or  Territory  in  which  the  sale  of  alcoholic 
liquors,  beer,  or  wine  is  prohibited  by  law. — Act  of  June  13,  1890  (26  Stat.,  154). 

399.  Same — Sale  of  to  officers'  and  men  prohibited. — That  the  President  of 
the  United  States,  as  Commander  in  Chief  of  the  Army,  is  authorized  to  make 
such  regulations  governing  the  prohibition  of  alcoholic  liquors  in  or  near  mili- 
tary camps  and  to  the  officers  and  enlisted  men  of  the  Army  as  he  may  from 
time  to  time  deem  necessary  or  advisable:  Provided,  That  no  person,  corpora- 
tion, partnership,  or  association  shall  sell,  supply,  or  have  in  his  or  its  posses- 
sion any  intoxicating  or  spirituous  liquors  at  any  military  station,  cantonment, 
camp,  fort,  post,  officers'  or  enlisted  men's  club,  which  is  being  used  at  the  time 
for  military  purposes  under  this  act,  but  the  Secretary  of  War  may  make  regu- 
lations permitting  the  sale  and  use  of  intoxicating  liquors  for  medicinal  pur- 
poses.   It  shall  be  unlawful  to  sell  any  intoxicating  liquor,  including  beer,  ale, 
or  wine,  to  any  officer  or  member  of  the  military  forces  while  in  uniform, 
except  as  herein  provided.    Any  person,  corporation,  partnership  or  association 
violating  the  provisions  of  this  section  or  the  regulations  made  thereunder  shall, 
unless  otherwise  punishable  under  the  Articles  of  War,  be  deemed  guilty  of  a 
misdemeanor  and  be  punished  by  a  fine  of  not  more  than  $1,000  or  imprison- 
ment for  not  more  than  twelve  months,  or  both. — Sec.  12,  act  of  Hay  18,  1917 
(40  Stat.,  82). 

400.  Secretary  of  War  may  commute  ration  of  coffee  and  sugar  to  extract  of 
coffee. — The  Secretary  of  War  may  commute  the  ration  of  coffee  and  sugar  for 
the  extract  of  coffee  combined  with  milk  and  sugar,  if  he  shall  believe  such 
commutation  to  be  conducive  to  the  health  and  comfort  of  the  Army,  and  not  to 
be  more  expensive  to  the  Government  than  the  present  ration;  provided  the 
same  shall  be  acceptable  to  the  men. — Sec.  1147,  R.  S. 

401.  Emergency  ration. — Hereafter  the  emergency  ration  prescribed  for  use 
on  emergent  occasions  shall,  when  issued,  be  furnished  in  addition  to  the  regu- 


74       PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND  MISCELLANEOUS. 

lar  ration  under  such  regulations  as  may  be  prescribed  by  the  Secretary  of 
War.— Act  of  Mar.  2,  1907  (34  Stat.,  1165). 

402.  Sugar  and  coffee,  when  issued  in  kind,  to  be  issued  weekly. — The  ration 
of  sugar  and  coffee  when  issued  in  kind,  shall,  when  the  convenience  of  the 
service  permits,  be  issued  weekly. — Sec.  1148,  R.  S. 

403.  To  Indians  on  the  frontiers. — The  President  is  authorized  to  cause  such 
rations  as  he  deems  proper,  and  as  can  be  spared  from  the  Army  provisionss 
without  injury  to  the  service,  to  be  issued  under  such  regulations  as  he  shall 
think  fit  to  establish,  to  Indians  who  may  visit  the  military  posts  or  agencies 
of  the  United  States  on  the  frontiers,  or  in  their  respective  nations,  and  a 
special  account  of  these  issues  shall  be  kept  and  rendered. — Sec.  2110,  R.  S. 

404.  One  ration  daily  to  enlisted  men. — Hereafter  no  enlisted  man  shall  be 
entitled   to   receive  more  than  one  ration   daily. — Act   of  Juli/  16,   1892    (27 
Stat.,  178). 

405.  Liquid  coffee  money. — For  each  ration  of  sugar  and  coffee  not  issued 
nor  commuted  for  the  extract  of  coffee  combined  with  milk  and  sugar,  enlisted 
men  shall  be  paid  in  money. — Sec.  1294,  R>  S. 

RATIONS— COMMUTATION  OF. 

406.  Sick  in  hospitals. — For  payment  of  the  regulation  allowances  of  com- 
mutation in  lieu  of  rations  for     *     *     *     enlisted  men,  applicants  for  enlistment 
while  held  under  observation,  civilian  employees  who  are  entitled  to  subsis- 
tence at  public  expense  and  general  prisoners  sick  therein  to  be  paid  to  the 
surgeon  in  charge. — See  annual  appropriation  acts. 

407.  Hospitals,  Canal  Zone. — The  subsistence  of  the  said  patients   (officers, 
enlisted  men,  military  prisoners,  and  civilian  employees  of  the  Army  admitted 
thereto  upon  the  request  of  proper  military  authority),  except  commissioned 
officers     *     *     *     shall   be  paid   to  said   hospitals    (Canal   Zone)    out   of  the 
appropriation  for  subsistence  of  the  Army  at  the  rates  provided  therein  for 
commutation  of  rations  to  enlisted  patients  in  general  hospitals. — Act  of  Mar. 
4,  1915  (38  Stat.,  1080). 

NOTE. — For  similar  provisions  see  act  of  Mar.  4,   1915    (38  Stat,  1144),   and   act  of 
Mar.   29,  1916    (39   Stat.,   640). 

VOLUNTEERS. 

408.  Use  of  retired  officers,  noncommissioned  officers  and  enlisted  men,  rank, 
pay,  etc. — In  the  organization  of  a  recruiting  system,  after  Congress  shall  have 
authorized  the  raising  of  volunteer  forces,  the  President  is  authorized  to  em- 
ploy retired  officers,  noncommissioned  officers,  and  privates  of  the  Regular  Army, 
either  with  their  rank  on  the  retired  list  or,  in  the  case  of  enlisted  men,  with 
increased  noncommissioned  rank ;  or  he  may,  by  and  with  the  advice  and  consent 
of  the  Senate,  appoint  and  employ  retired  officers  below  the  grade  of  colonel, 
.with  increased  volunteer  commissioned  rank  not  to  exceed  in  the  case  of  any 
officer  one  grade  above  that  held  by  him  upon  the  retired  list,  or  retired  enlisted 
men  with  volunteer  commissioned  rank  not  above  the  grade  of  first  lieutenant: 
Provided,  That  retired  officers  and  enlisted  men  while  thus  employed     *     *     * 
shall  receive  the  full  pay  and  allowances  of  the  respective  grades  in  which  they 


PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND  MISCELLANEOUS.       75 

are  serving,  whether  volunteer  or  regular,  in  lieu  of  their  retired  pay  and  allow- 
ances: Provided  further,  That  upon  the  termination  of  the  duty  or,  in  case  of 
those  given  volunteer  rank,  upon  muster  out  as  volunteers,  said  retired  officers 
and  enlisted  men  shall  revert  to  their  retired  status.  —  Sec.  11,  act  of  Apr.  25, 
1914  (38  Stat.,  850). 

409.  Pay,  etc.,  to  correspond  witli  Army.  —  All  officers  and  enlisted  men  of 
the  volunteer  forces  shall  be  in  all  respects  on  the  same  footing  as  to  pay, 
allowances,  and  pensions  as  officers  and  enlisted  men  of  corresponding  grades  in 
the  Regular  Army.  —  Sec.  13,  ibid. 

WITNESSES. 

410.  Expenses  of.  —  When  any  clerk  or  other  officer  of  the  United  States  is 
sent  away  from  his  place  of  business  as  a  witness  for  the  Government,  his  neces- 
sary expenses,  stated  in  items  and  sworn  to,  in  going,  returning,  and  attend- 
ance on  the  court,  shall  be  audited  and  paid  ;  but  no  mileage,  or  other  compen- 
sation in  addition  to  his  salary,  shall  in  any  case  be  allowed.  —  Sec.  850,  R.  8. 

COMMISSIONED    OFFICERS. 

411.  Annual  pay  of.  —  Hereafter  the  annual  pay  of  officers  of  the  Army  of 
the  several  grades  herein  mentioned  shall  be  as  follows:  Major  general,  eight 
thousand  dollars  ;  brigadier  general,  six  thousand  dollars  ;  colonel,  four  thousand 
dollars;  lieutenant  colonel,  three  thousand  five  hundred  dollars;  major,  three 
thousand  dollars  :  captain,  two  thousand  four  hundred  dollars  ;  first  lieutenant, 
two  thousand  dollars  ;  second  lieutenant,  one  thousand  seven  hundred  dollars.  — 
Act  of  May  11,  1908  (35  Stat., 


412.  To  be  paid  monthly.  —  The  sums  hereinbefore  allowed  shall  b  paid  in 
monthly  payments  by  the  paymaster.  —  Sec.  1268,  R.  S. 

413.  Pay  of  officer  holding  command  higher  than  his  grade.  —  In  time  of  war 
every  officer  serving  with  troops  operating  against  an  enemy  who  shall  exercise, 
under  assignment  in  orders  issued  by  competent  authority,  a  command  above 
that  pertaining  to  his  grade  shall  b.e  entitled  to  receive  tha  pay  and  allowances 
of  the  grade  appropriate  to  the  command  so  exercised:  Provided,  That  a  rate 
of  pay  exceeding  that  of  a  brigadier  general  shall  not  be  paid  in  any  case  by 
reason  of  such  assignment.-^-Acf  of  Apr.  26,  1898  (30  Stat.,  365). 

414.  Pay  for  mounts.  —  Hereafter  the  United  States  shall  furnish  mounts  and 
horse  equipments  for  all  officers  of  the  Army  below  the  grade  of  major  required 
to  be  mounted,  but  in  case  any  officer  below  the  grade  of  major  required  to  be 
mounted  provides  himself  with  suitable  mounts  at  his  own  expense,  he  shall 
receive  an  addition  to  his  pay  of  one  hundred  and  fifty  dollars  per  annum  if 
he  provides  one  mount,  and  two  hundred  dollars  per  annum  if  he  provides  two 
mounts.  —  Act  of  May  11,  1908  (35  Stat.,  108). 

415.  National  Army.  —  That  all  officers    *     *     *    of  the  forces  herein  pro- 
vided for  other  than  the  Regular  Army  shall  be  in  all  respects  on  the  same 
footing  as  to  pay,  allowances,  and  pensions  as  officers    *     *     *     of  correspond- 
ing grades  and  length  of  service  in  the  Regular  Army.  —  Sec.  10,  Act  of  May  18, 
1917   (40  Stat.,  82). 


76       PAY  AND  ALLOWANCES  OF   THE  AKMY,  AND  MISCELLANEOUS. 

416.  Temporary  forces,  Signal  Corps;  pay  and  allowances.  —  That  all  officers 
*     *     *     of  the  temporary  forces  of  the  Signal  Corps,  including  the  aviation 
section  thereof  provided  for  herein,  shall  be  in  all  respects  on  the  same  footing 
as  to  pay,  allowances,  and  pensions  as  permanent,  officers     *     *     *     of  corre- 
sponding grades  and  length  of  service  in  the  Regular  Army.  —  Sec.  8,  Act  of 
July  24,  1917  (40  Stat.,  245). 

417.  Authority  to  transfer  or  assign  pay  accounts.  —  Hereafter  all  commis- 
sioned officers  of  the  Army  may  transfer  or  assign  their  pay  accounts,  when  due 
and  payable,  under  such  regulations  and  restrictions  as  the  Secretary  of  Wai- 
may  prescribe.—  Ac*  of  Mar.  2,  1907  (34  Stat.,  1159). 

418.  Checks    to   indorsee    on   pay   accounts    permitted.  —  Hereafter    section 
thirty-six  hundred  and  twenty,  Revised  Statutes,  as  amended  by  the  act  of 
Congress  approved  February  twenty-seventh,  eighteen  hundred  and  seventy- 
seven,  shall  not  be  construed  as  precluding  officers  of  the  Quartermaster  Corps 
from  drawing  checks  in  favor  of  the  person  or  institution  designated  by  in- 
dorsement made  on  his  monthly  pay  account  by  any  officer  of  the  Army  if 
the  pay  account  has  been  deposited  for  payment  on  maturity  in  conformity 
with  such  regulations  as  the  Secretary  of  War  may  prescribe  :  Provided  further, 
That  payment  by  the  United  States  of  a  check  on  the  indorsement  of  the 
indorsee  specified  on  the  pay  account  shall  be  a  full  acquittance  for  the  amount 
due  on  the  pay  account.  —  Act  Mar.  2,  1913  (37  Stat.,  710). 

419.  Acting  as  disbursing  officers,  etc.,  no  additional  pay  alloiued.  —  No  offi- 
cer in  any  branch  of  the  public  service,  or  any  other  person  whose  salary, 
pay,  or  emoluments  are  fixed  by  law  or  regulations,  shall  receive  any  additional 
pay,  extra  allowance,  or  compensation,  in  any  form  whatever,  for  the  dis- 
bursement of  public  money,  or  for  any  other  service  or  duty  whatever,  unless 
the  same  is  authorized  by  law,  and  the  appropriations  therefor  explicitly  state 
that  it  is  for  such  additional  pay,  extra  allowance,  or  compensation.  —  Sec. 
1765,  R.  S. 

420.  Office  of  general  abolished.  —  When  a  vacancy  shall  occur  in  the  office 
of  general    *     *     *  t  such  office  shall  cease  and  all  enactments  creating  or 
regulating  such  office'  shall    *     *     *    be  held  to  be  repealed.  —  Sec.  1217,  R.  S. 

421.  Grades  of  general  and  lieutenant  general  revived.  —  That  section  eight 
of  the  act  entitled  "  An  act  to  authorize  the  President  to  increase  temporarily 
the  Miltary  Establishment  of  the  United  States,"  approved  May  eighteenth, 
nineteen  hundred  and  seventeen,  shall  be  held  and  construed  to  authorize  the 
President,  in  accordance  with  the  provisions  of  said  act  and  for  the  period 
of  the  existing  emergency  only,  to  appoint  as  generals  the  CJhief  of  Staff  and 
the  commander  of  the  United  States  forces  in  France;  and  as  lieutenant  gen- 
eral each  commander  of  an  Army  or  Army  corps  organized  as  authorized  by 
existing  law.—  Act  of  Oct.  6,  1917  (40  Stat., 


422.  Office  of  lieutenant  general  abolished.  —  When  the  office  of  lieutenant 
general  shall  become  vacant  it  shall  not  thereafter  be  filled,  but  said  office 
shall  cease  and  determine.—  Act  of  Afar.  2,  J907  (34  Stat.,  1160). 

428.  Same  —  Pay  of.  —  That  the  pay  of  the  grades  of  general  and  lieutenant 
general  shall  be  ten  thousand  dollars  and  nine  thousand  dollars  a  year,  respec- 
tively, with  allowances  appropriate  to  said  grades  as  determined  by  the  Secretary 
of  War.—  Ibid. 


PAY  AND  ALLOWANCES   OF   THE   ARMY,   AND   MISCELLANEOUS.       77 

424.  Chief  of  Staff  Corps,  department,  or  bureau. — Hereafter  the  chief  of 
any  existing  staff  corps,  department,  or  bureau,  except  as  is  otherwise  provided 
for  the  Chief  of  Staff,  shall  have  the  rank,  pay,  and  allowances  of  a  major 
general. — Ibid. 

425.  Brevets  not  to  carry  increase  of  pay. — Brevets  conferred  upon  com- 
missioned officers  shall  not  entitle  them  to  any  increase  of  pay. — Sec.  1264,  R.  S. 

426.  Forfeiture  of  pay,  three  months  absence  without  leave. — Every  officer 
who  is  dropped  by  the  President  from  the  rolls  jf  the  Army,  for  absence  from 
duty  three  months  without  leave,  shall  forfeit  all  pay  due  or  to  become  due. — 
Sec.  1266,  R.  S. 

427.  Appropriations  for  "  pay  of  the  Army  "  not  available  for  salary  of  offi- 
cers not  citizens  of  the  United  States. — No  part  of  the  appropriations  made  in 
this  act  shall  be  available  for  the  salary  or  pay  of  any  person  hereafter,  in 
time  of  peace,  appointed  as  officer  of  the  Army  who  is  not  a  citizen  of  the 
United  States.— Act  of  Aug.  29,  1916  (39  Stat.,  649). 

ABSENCE    FROM    DUTY. 

428.  Disease  resulting  from  own  misconduct. — Hereafter  no  officer  or  en- 
listed man  in  active  service  who  shall  be  absent  Irom  duty  on  account  of  dis- 
ease resulting  from  his  own  intemperate  use  of  drugs  or  alcoholic  liquors  or 
other  misconduct  shall  receive  pay  for  the  period  of  such  absence,  the  time  so 
absent  and  the  cause  thereof  to  be  ascertained  under  such  procedure  and  reg- 
ulations as  may  be  prescribed  by  the  Secretary  of  War. — Act  of  Apr.  27,  1914 
(38  Stat.,  353).     (See  also  annual  appropriation  acts.) 

AIDS. 

429.  Number,  etc.,  allowed  major  and  brigadier  generals. — Each  major  gen- 
eral shall  have  three  aids,  who  may  be  selected  by  him  from  captains  or  lieu- 
tenants of  the  Army,  and  each  brigadier  general  shall  have  two  aids,  who  may 
be  selected  by  him  from  lieutenants  of  the  Army. — Sec.  1098,  R.  S. 

430.  Additional  pay,  aids   to  major  and  brigadier  generals. — An  aid  to  a 
major  general  is  allowed  two  hundred  dollars  per  year  in  addition  to  the  pay 
of  his  rank,  and  an  aid  to  a  brigadier  general  is  allowed  one  hundred  and 
fifty  dollars  per  year  in  addition  to  the  pay  of  his  rank. — Sec.  1261,  R.  S. 

ALLOTMENTS    OF    PAY. 

431.  Authority  for  making. — The  Secretary  of  War  is  hereby  authorized 
to  permit,  under  such  regulations  as  he  may  prescribe,  any  officer    *     *     *    on 
the  active  list  of  the  Army,  any  retired  officer    *     *     *    of  the  Army  on  active 
duty    *     *     *    to  make  allotments  of  his  pay  for  the  support  of  his  wife, 
children,  or  dependent  relatives,  or  for  such  other  purposes  as  the  Secretary 
of  War  may  deem  proper. — Act  of  Oct.  6,  1917  (40  Stat.,  385). 

432.  Credit  to  disbursing  officers  for  payment  of. — All  allotments  of  pay  of 
officers    *     *     *    that  have  been  or  shall  be  puid  to  designated  allottees  pre- 
vious to  the  receipt  by  disbursing  officer  of  notice  of  discontinuance  of  the 
same  from  the  officer  required  by  regulations  to  furnish  such  notice  shall  pass 
to  the  credit  of  the  disbursing  officer  who  has  made  or  shall  make  such  pay- 
ments.— Ibid. 


78        PAY   AND  ALLOWANCES   OF   THE   ARMY,  AND   MISCELLANEOUS. 

433.  Erroneous  payments   to   be  collected  from   responsible  officer. — If  erro- 
neous payment  is  made  because  of  the  failure  of  an  officer  to  report,  in  the  man- 
ner prescribed  by  the  Secretary  of  War,  the  death  of  the  grantor,  or  any  fact 
which  renders  the  allotment  not  payable,  then  the   amount  of  such  erroneous 
payment  shall  be  collected  by  the  Quartermaster  General  from  the  officer  who 
fails  to  make  such  report,  if  such  collection  is  practicable. — Ibid. 

CHAPLAINS. 

434.  Appointment  of,  etc. — The  President  is  authorized  to  appoint,  by  and 
with  the  advice  and  consent  of  the  Senate,  chaplains  in  the  Army  at  the  rate 
of  not  to  exceed,  including  chaplains  now  in  service,  one  for  each  regiment  of 
Cavalry,  Infantry,  Field  Artillery,  and  Engineers,  and  one  for  each  one  thou- 
sand two  hundred  officers  and  men  of  the  Coast  Artillery  Corps,  with  rank, 
pay,  and  allowances  as  now  authorized  by  law. — Sec.  15,  act  of  June  3,  1916 
(39  Stat.,  176). 

435.  Same. — The   President   may   appoint   for   service   during   the   present 
emergency  not  exceeding  twenty  chaplains  at  large  for  the  United  States  Army 
representing  religious  sects  not  recognized  in  the  apportionment  of  chaplains 
now  recognized  by  law:  Provided,  That  no  person  shall  be  eligible  to  such 
appointment  unless  he  be  at  the  time  of  his  appointment  a  citizen  of  the  United 
States.— Act  of  Oct.  6,  1917  (40  Stat.,  394). 

436.  Pay,  etc.,  for  first  seven  years'  service. — All  persons  who  may  hereafter 
be  appointed  as  chaplains  shall  have  the  grade,  pay,  and  allowances  of  first 
lieutenant,  mounted,  until  they  shall  have  completed  seven  years  of  service. — 
Act  of  Apr.  21,  1904  (33  Stat., 


437.  Promotion  of,  with  rank,  pay  and  allowances  of  major. — Hereafter  the 
President  may,  from  time  to  time,  select  from  among  the  chaplains  of  the 
Army  any  chaplains  having  not  less  than  ten  years'  service,  in  the  grade  of 
captain,  who  shall  have  been  commended  as  worthy  of  special  distinction  for 
exceptional  efficiency  by  the  regimental  or  district  commanders  with  whose 
commands  they  may  be  serving  as  chaplains,  approved  through  regular  military 
channels,  and  may,  with  the  advice  and  consent  of  the  Senate,  promote  such 
regimental   or  artillery  chaplains  to  be  chaplains  with   the  grade,  pay,   and 
allowances  of  major;  every  such  promotion  being  made  with  a  view  to  active 
service  until   the   statutory   age   for   the   compulsory   relinquishment   thereof, 
except  in  cases  of  physical  disability  incurred  in  the  line  of  duty:  Provided, 
That  the  total  number  in  active  service  so  promoted  shall  not  at  any  time 
exceed  fifteen,  and  that  the  remaining  chaplains  shall  have  the  grade,  pay,  and 
allowances  of  captain,  mounted,  after  they  shall  have  completed  seven  years 
of  service. — Ibid. 

438.  Chaplains  of  Field  and  Coast  Artillery;  authority  for  appointment  of, 
pay,  etc. — In  addition  to  the  chaplains  now  authorized  for  the  Artillery  Corps 
the  President  is  authorized  to  appoint,  by  and  with  the  advice  and  consent  of 
the  Senate,  and  subject  to  the  laws  governing  appointment  of  chaplains  in  the 
Army,  one  chaplain  for  each  regiment  of  Field  Artillery  and  two  for  the  Coast 
Artillery,   with   the   rank,   pay,   and   allowances   now   authorized   by   law   for 
chaplains  in  the  Army.— Act  of  Jan.  25,  1907  (34  Stat.,  864). 


PAY  AND  ALLOWANCES   OF   THE   ARMY,   AND   MISCELLANEOUS.       79 

439.  Service  in  the  field,  to  be  furnished  means  of  transportation. — When 
serving  in  the  field,  chaplains  shall  be  furnished  with  necessary  means  of  trans- 
portation by  the  Quartermaster's  Department. — See.  12.  Act  of  Feb.  2,  1901   (31 
Stat.,  750). 

COMMUTATION    OF    ALLOWANCES. 

440.  Of  forage;  when. — When  forage  in  kind  can  not  be  furnished  by  the 
proper  departments,  then  and  in  all  such  cases  officers  entitled  to  forage  may 
commute  the  same  according  to  existing    regulations. — Sec.    1270,    R.  S.,  as 
amended  by  act  of  Feb.  27,  1877  (19  Stat.,  243). 

441.  Of  fuel. — Allowance  of  or  commutation  for  fuel  to  commissioned  officers 
is  hereby  prohibited.— Sec.  8,  act  of  June  18,  1878  (20  Stat.,  150). 

442.  Of  quarters,  etc.,  where  no  'public  quarters  are  available. — Hereafter,  at 
places  where  there  are  no  public  quarters    available,    commutation    for    the 
authorized  allowance  therefor  shall  be  paid  to  commissioned  officers     *     *     * 
at  the  rate  of  $12  per  room  per  month. — Act  of  Mar.  4,  1915  (38  Stat.,  1069). 

443.  Same;  no  claim  for  quarters  for  servants. — No  allowance  shall  be  made 
for  claims  for  quarters  for  servants  heretofore  or  hereafter. — Act  of  June  23, 
1879    (21   Stat.,  31). 

444.  Same;  not  to  lose  right  to  on  account  of  temporary  absence. — Hereafter 
officers  temporarily  absent  on  duty  in  the  field  shall  not  lose  their  right  to  quar- 
ters, or  commutation  thereof,  at  their  permanent  station  while  so  temporarily 
absent.— Act  of  Feb.  27,  1893  (27  Stat.,  480). 

445.  Same;  duty  without  troops. — The  Secretary  of  War  may  determine 
what  shall  constitute  travel  and  duty  without  troops  within  the  meaning  of 
the  law  governing    *     *     *     commutation  of  quarters  to  officers  of  the  Army. — 
Act  of  Mar.  2,  1901   (31  Stat.,  901). 

446.  Same;  officers  detailed  to  obtain  military  information  from  abroad. — 
Hereafter  the  officers  detailed  to  obtain  military  information  from  abroad  shall 
be  entitled  to     *     *     *     commutation  of  quarters  while  on  duty,  as  provided 
when  on  other  duty.— Act  of  Feb.  27,  1893  (27  State.,  480). 

447.  Same;  at  proving  grounds. — For  necessary  expenses  of  officers  not  occu- 
pying public  quarters  at  the  proving  grounds,  while  employed  on  ordinary  duty 
thereat,  at  the  rate  of  two  dollars  and  fifty  cents  per  diem  while  so  employed, 
*     *     *     Provided,  That  hereafter  the  occupancy  by  such  officers,  providing 
themselves  with  quarters  elsewhere,  of  one  room  in  the  building  at  the  proving 
ground  locally  known  as  the  brick  house  shall  not  be  construed  as  occupancy 
of  public  quarters  within  the  meaning  of  this  act  and  of  the  law  authorizing 
allowance  and  commutation  of  quarters. — Act  of  Mar.  3,  1915  (38  Stat.,  889). 

448.  Same;  Signal  Service,  Arctic  regions. — The  allowance  for  commutation 
of  quarters     *     *     *     shall  be,     *     *     *     for  officers     *     *     *     of  the  Signal 
Service  serving  in  the  Arctic  regions,  the  same  in  amount  as  though  they  were 
serving  in   Washington,   District  of  Columbia.— Act    of    June    30,    1882    (22 
Stat.,  118). 


80        PAY  AND  ALLOWANCES  OF   THE   ARMY,  AND   MISCELLANEOUS. 

449.  Of  quarters  and  of  heat  and  light. — For  commutation  of  quarters  and 
of  heat  and  light  to  commissioned  officers  *  *  *  on  duty  at  places  where 
no  public  quarters  are  available. — See  annual  appropriation  acts. 

DEATH  IN  THE  SERVICE. 

460.  Allowances  for;  interment  expenses;  beneficiaries  to  be  designated. — 
Hereafter  immediately  upon  official  notification  of  the  death  from  wounds 
or  disease  not  the  result  of  his  own  misconduct  of  any  officer  or  enlisted 
man  on  the  active  list  of  the  Army,  the  Paymaster  General  of  the  Array  shall 
cause  to  be  paid  to  the  widow  of  such  officer  or  enlisted  man,  or  to  any  other 
person  previously  designated  by  him,  an  amount  equal  to  six  months'  pay  at 
the  rate  received  by  such  officer  or  enlisted  man  at  the  date  of  his  death,  less 
seventy-five  dollars  in  the  case  of  an  officer  and  thirty-five  dollars  in  the 
case  of  an  enlisted  man.  From  the  amount  thus  reserved  the  Quartermaster's 
Department  shall  be  reimbursed  for  expenses  of  interment,  and  the  residue,  if 
any,  of  the  amount  reserved  shall  be  paid  subsequently  to  the  designated  per- 
son. The  Secretary  of  War  shall  establish  regulations  requiring  each  officer 
and  enlisted  man  to  designate  the  proper  person  to  whom  this  amount  shall  be 
paid  in  case  of  his  death,  and  said  amount  shall  be  paid  to  that  person  from 
funds  appropriated  for  the  pay  of  the  Army. — Act  of  May  11,  190S  (85  Stat., 
108)  as  amended  by  act  of  Mar.  3,  1909  (35  Stat.,  735). 

NOTE. — The  above  paragraph  is  repealed  by  sec.  312,  act  of  Oct.  6,  1917  (40  Stat.,  408), 
to  wit :  "  The  laws  providing  for  gratuities  or  payments  in  the  event  of  death  in  the 
service  *  *  *  shall  not  he  applicable  after  the  enactment  of  this  amendment  to 
persons  now  or  hereafter  entering  the  military  or  naval  service,  or  to  their  widows, 
children,  or  their  dependents,  except  in  so  far  as  rights  under  any  such  law  shall  have 
heretofore  accrued." 

451.  Effects  of   deceased  officers   and  soldiers. — Officers   charged   with   the 
care  of  the  effects  of  deceased  officers  or  soldiers,  shall  account  for  and  deliver 
the  same,  or  the  proceeds  thereof,  to  the  legal  representatives  of  such  deceased 
officers  or  soldiers.     And  no  officer  so  charged  shall  be  permitted  to  quit  the 
regiment  or  post  until  he  has  deposited  in  the  hands  of  the  commanding  officer 
all  the  effects  of  such  deceased  officers  or  soldiers  not  so  accounted  for  and 
delivered. — One-hundred  and  twenty-seventh  Article  of  War. 

452.  Aviation  duty,  payment  in  case  of  death  as  result  of  accident. — There 
shall  be  paid  to  the  widow  of  any  officer  or  enlisted  man  who  shall  die  as  the 
result  of  an  aviation  accident,  not  the  result  of  his  own  misconduct,  or  to  any 
other  person  designated  by  him  in  writing,  an  amount  equal  to  one  year's  pay 
at  the  rate  to  which  such  officer  or  enlisted  man  was  entitled  at  the  time  of 
the  accident  resulting  in  his  death,  but  any  payment  made  in  accordance  with 
the  terms  of  this  proviso  on  account  of  the  death  of  any  officer  or  enlisted  man 
shall  be  in  lieu  of  and  a  bar  to  any  payment  under  the  acts  of  Congress  ap- 
proved May  eleventh,  nineteen  hundred  and  eight,  and  March  third,  nineteen 
hundred  and  nine    (Thirty-fifth  Statutes,  pages  one  hundred   and  eight  and 
seven  hundred  and  fifty-five),  on  account  of  death  of  said  officer  or  enlisted 
man.— Act  of  July  18,  1914  (38  Stat.,  516). 

NOTE. — The  above  paragraph  repealed  hy  sec.  312,  act  of  Oct.  6,  1917  (40  Stat.,  408). 
See  footnote,  par.  450,  this  compilation. 

DENTAL    CORPS. 

453.  Composition  of;  pay  and  alloivances;  number  authorized. — Hereafter 
the  Dental  Corps  of  the  Army  shall  consist  of  commissioned  officers  of  the  same 


PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND  MISCELLANEOUS.       81 

grade  and  proportionally  distributed  among  such  grades  as  are  now  or  may  be 
hereafter  provided  by  law  for  the  Medical  Corps,  who  shall  have  the  rank,  pay, 
promotion,  and  allowances  of  officers  of  corresponding  grades  in  the  Medical 
Corps,  including  the  right  to  retirement  as  in  the  case  of  other  officers,  and 
there  shall  be  one  dental  officer  for  every  thousand  of  the  total  strength  of  the 
Regular  Army  authorized  from  time  to  time  by  law. — Act  of  Oct.  6,  1917  (40 
Stat.,  397). 

454.  Dental  surgeons  to   be  recommissioned,   etc. — That  dental  examining 
and  review  boards  shall  consist  of  one  officer  of  the  Medical  Corps  and  two 
officers  of  the  Dental  Corps :  Provided  further,  That  immediately  following  the 
approval  of  this  act  all  dental  surgeons  then  in  active  service  shall  be  recom- 
missioned in  the  Dental  Corps  in  the  grades  herein  authorized  in  the  order  of 
their  seniority  and  without  loss  of  pay  or  allowances  or  of  relative  rank  in  the 
Army :  And  provided  further,  That  no  dental  surgeon  shall  be  recommissioned 
who  has  not  been  confirmed  by  the  Senate. — Ibid. 

DETACHED  DUTY. 

455.  Service  with  troops,  line  officers  below  grade  of  major. — On  and  after 
December  fifteenth,  nineteen  hundred  and  twelve,  in  time  of  peace,  whenever 
any  officer  holding  a  permanent  commission  in  the  line  of  the  Army  with  rank 
below  that  of  major  shall  not  have  been  actually  present  for  duty  for  at  least 
two  of  the  last  preceding  six  years  with  a  troop,  battery,  or  company  of  that 
branch  of  the  Army  in  which  he  shall  hold  said  commission,  such  officer  shall 
not  be  detached  nor  permitted  to  remain  detached  from  such  troop,  battery,  or 
company  for  duty  of  any  kind;  and  all  pay  and  allowances  shall  be  forfeited 
by  any  superior  for  any  period  during  which,  by  his  order,  or  his  permission, 
or  by  reason  of  his  failure  or  neglect  to  issue  or  cause  to  be  issued  the  proper 
order  or  instructions  at  the  proper  time,  any  officer  shall  be  detached  or  per- 
mitted to  remain  detached  in  violation  of  any  of  the  terms  of  this  proviso ;  but 
nothing  in  this  proviso  shall  be  held  to  apply  in  the  case  of  any  officer  for  such 
period  as  shall  be  actually  necessary  for  him,  after  having  been  relieved  from 
detached  service,  to  .loin  the  troop,  battery,  or  company,  to  which  he  shall  be- 
long, in  that  branch  in  which  he  shall  hold  a  permanent  commission,  nor  shall 
anything  in  this  proviso  be  held  to  apply  to  the  detachment  or  detail  of  officers 
for  duty  in  the  Judge  Advocate  General's  Department  or  in  the  Ordnance  De- 
partment, or  in  connection  with  the  construction  of  the  Panama  Canal  until 
after  such  canal  shall  have  been  formally  opened,  or  in  the  Philippine  Constab- 
ulary until  the  first  day  of  January,  nineteen  hundred  and  fourteen,  or  to  any 
officer  detailed,  or  who  may  be  hereafter  detailed,  for  aviation  duty.    And  here- 
after no  officer  holding  a  permanent  commission  in  the  Army  with  rank  below 
that  of  major  shall  be  detailed  as  assistant  to  the  Chief  of  the  Bureau  of  In- 
sular Affairs  with  rank  of  colonel,  or  as  commanding  officer  of  the  Porto  Rico 
Regiment  of  Infantry,  or  as  chief  or  assistant  chief  (director  or  assistant  direc- 
tor) of  the  Philippine  Constabulary,  and  no  other  officers  of  the  Army  shall 
hereafter  be  detailed  for  duty  with  the  said  constabulary  except  as  specifically 
provided  by  law.— Act  of  Aug.  24,  1912  (37  Stat.,  571,  645). 

456.  Service  with  troops,  extended  to  include  field  officers  of  the  line. — After 
September  first,  nineteen  hundred  and  fourteen,  in  time  of  peace,  whenever 
any  officer  holding  a  permanent  commission  in  thejine  of  the  Army,  with  rank 
of  colonel,  lieutenant  colonel,  or  major,  shall  not  have  been  actually  present  for 
duty  for  at  least  two  years  of  the  last  preceding  six  years  with  a  command  com- 

49392—18 6 


82        PAY  AND  ALLOWANCES  OF   THE   ARMY,  AND   MISCELLANEOUS. 

posed  of  not  less  than  two  troops,  batteries,  or  companies  of  that  branch  of  the 
Army  in  which  he  shall  hold  said  commission,  such  officer  shall  not  be  detached 
nor  permitted  to  remain  detached  from  such  command  for  duty  of  any  kind 
except  as  hereinafter  specifically  provided ;  and  all  pay  and  allowances  shall 
be  forfeited  by  any  superior  for  any  period  during  which,  by  his  order  or  his 
permission,  or  by  reason  of  his  failure  or  neglect  to  issue  or  cause  to  be  issued 
the  proper  order  or  instructions  at  the  proper  time,  any  officer  shall  be  detached 
or  permitted  to  remain  detached  in  violation  of  any  of  the  terms  of  this  act; 
but  nothing  in  this  act  shall  be  held  to  apply  in  the  case  of  any  officer  for  such 
period  as  shall  be  actually  necessary  for  him,  after  having  been  relieved  from 
detached  service,  to  join  the  organization  or  command  to  which  he  shall  belong 
in  that  branch  in  which  he  shall  hold  a  permanent  commission ;  nor  shall  any- 
thing in  this  act  be  held  to  apply  to  the  detachment  or  detail  of  officers  for  duty 
in  connection  with  the  construction  of  the  Panama  Canal  until  after  such  canal 
shall  have  been  formally  opened,  or  in  connection  with  the  Alaska  Road  Com- 
mission or  the  Alaska  Railroad  or  the  Bureau  of  Insular  Affairs;  and  nothing 
in  this  act  shall  prevent  the  redetail  of  officers  above  the  grade  of  major  to  fill 
vacancies  in  the  various  staff  corps  and  departments  as  provided  for  by  section 
twenty-six  of  the  act  of  Congress  approved  February  second,  nineteen  hundred 
and  one :  Provided  further,  That  whenever  the  service  record  of  any  field  officer 
is  to  be  ascertained  for  the  purposes  of  this  act,  all  duty  actually  performed  by 
him  during  the  last  preceding  six  years,  in  a  grade  below  that  of  major,  in  con- 
nection with  any  statutory  organization  of  that  branch  of  the  Army  in  which 
he  shall  hold  a  permanent  commission,  or  as  a  staff  officer  of  any  coast-defense 
or  coast-artillery  district,  shall  be  credited  to  him  as  actual  presence  for  duty 
with  a  command  composed  as  hereinbefore  described:  And  provided  further, 
That  temporary  duty  of  any  kind  hereafter  performed  with  United  States 
troops  in  the  field  for  a  period  or  periods  the  aggregate  of  which  shall  not 
exceed  sixty  days  in  any  one  calendar  year,  and  duty  hereafter  performed  in 
command  of  United  States  Army  mine  planter  by  an  officer  assigned  to  a  com- 
pany from  which  this  detachment  is  drawn,  and  duty  hereafter  performed  in 
command  of  a  machine-gun  platoon  or  a  machine-gun  unit,  by  any  officer  who, 
before  assignment  to  such  duty,  shall  have  been  regularly  assigned  to,  and  shall 
have  entered  upon  duty  with,  an  organization  or  a  command  the  detachment 
of  certain  officers  from  which  is  prohibited  by  the  act  of  Congress  approved 
August  twenty-fourth,  nineteen  hundred  and  twelve,  or  by  this  act,  shall,  for  the 
purposes  of  said  acts,  hereafter  be  counted  as  actual  presence  for  duty  with 
such  organization  or  command. — Act  of  Apr.  27,  1914  (38  Stat.,  357). 

DETACHED  OFFICERS'    LIST. 

457.  Officers  detached  for  duty. — Upon  the  request  of  the  governors  of  the 
several  States  and  Territories  concerned,  the  President  may  detach  officers  of 
the  active  list  of  the  Army  from  their  proper  commands  for  duty  as  inspectors 
and  instructors  of  the  Organized  Militia,  as  follows,  namely :  Not  to  exceed 
one  officer  for  each  regiment  and  separate  battalion  of  infantry,  or  its  equiva- 
lent of  other  troops:  Provided,  That  the  line  officers  detached  for  duty  with 
the  Organized  Militia  under  the  provisions  hereof,  together  with  those  detached 
from  their  proper  commands,  under  the  provisions  of  law,  for  orher  duty  the 
usual  period  of  which  exceeds  one  year,  shall  be  subject  to  the  provisions  of 
section  twenty -seven  of  the  act  approved  February  second,  nineteen  hundred 
and  one,  with  reference  to*  details  to  the  staff  corps,  but  the  total  number  of 
detached  officers  hereby  made  subject  to  these  provisions  shall  not  exceed  two 
hundred:  And  provided  further,  That  the  number  of  such  officers  detached  from 


AND   MISCELLANEOUS.       83 

each  of  the  several  branches  of  the  line  of  the  Army  shall  be  in  proportion  to 
the  authorized  commissioned  strength  of  that  branch;  they  shall  be  of  the 
grades  first  lieutenant  to  colonel,  inclusive,  and  the  number  detached  from  each 
grade  shall  be  in  proportion  to  the  number  in  that  grade  now  provided  by  law 
for  the  whole  Army.  *  *  *  The  President  is  authorized  to  make  rules  and 
regulations  to  carry  these  provisions  into  effect:  Provided,  That  the  Quarter- 
master's Department  is  hereby  increased  by  two  colonels,  three  lieutenant 
colonels,  seven  majors,  and  eighteen  captains,  the  vacancies  thus  created  to  be 
filled  by  promotion  and  detail  in  accordance  with  section  twenty-six  of  the 
act  approved  February  second,  nineteen  hundred  and  one. — Act  of  Mar.  5, 
1911  (36  Stat.,  1045). 

458.  Organization  and  composition  of. — On  July  first,  nineteen  hundred  and 
sixteen,  the  line  of  the  Army  shall  be  increased  by  eight  hundred  and  twenty- 
two  extra  officers  of  the  Cavalry,  Field  Artillery,  Coast  Artillery  Corps,  and 
Infantry  arms  of  the  service,  of  grades  from  first  lieutenant  to  colonel,  inclu- 
sive, lawfully  available  for  detachment  from  their  proper  arms  for  duty  with 
the  National  Guard,  or  other  duty,  the  usual  period  of  which  exceeds  one  year. 
Said  extra  officers,  together  with  the  two  hundred  detached  officers  provided 
for  by  the  act  of  Congress  approved  March  third,  nineteen  hundred  and  eleven, 
shall,  on  and  after  July  first,  nineteen  hundred  and  sixteen,  constitute  the 
detacher  officers'  list,  and  all  positions  vacated  by  officers  assigned  to  said 
list,  and  the  officers  so  assigned  shall  be  subject  to  the  provisions  of  section 
twenty-seven  of  the  act  of  Congress  approved  February  second,  nineteen  hun- 
dred and  one,  with  reference  to  details  to  the  staff  corps.  The  total  number  of 
officers  hereby  authorized  for  each  grade  on  said  list  entire  shall  be  in  propor- 
tion to  the  total  number  of  officers  of  the  corresponding  grade  now  authorized 
by  law  other  than  this  act  for  all  of  the  said  four  arms  combined,  exclusive  of 
second  lieutenants  and  of  the  two  hundred  extra  officers  authorized  by  the  act 
of  Congress  approved  March  third,  nineteen  hundred  and  eleven,  and  exclusive 
also  of  the  additional  officers  authorized  by  the  act  to  restore  lineal  rank  lost 
through  the  system  of  regimental  promotion  formerly  in  force;  and  the  total 
number  of  officers  hereby  authorized  for  each  grade  in  each  of  said  arms  on 
said  list  shall  be  in  the  proportion  borne  by  the  number  of  officers  now  author- 
ized by  law  other  than  this  act  for  such  grade  and  arm  to  the  total  number  of 
officers  now  authorized  by  law  other  than  this  act  for  the  corresponding  grade 
in  all  of  the  said  four  arms  combined,  exclusive  of  the  extra  and  additional 
officers  last  hereinbefore  specified  and  excluded.  *  *  *  As  soon  as  practi- 
cable after  such  promotions  shall  have  been  innc'ie  there  shall  be  detached  from 
each  arm  and  assigned  to  the  detached  officers'  list  a  number  of  officers  of  each 
grade  equal  to  the  number  of  officers  of  said  grade  by  which  said  arm  shall 
have  been  increased  by  the  foregoing  provisions  of  this  section ;  and  thereafter 
any  vacancy  created  or  caused  in  any  of  the  said  arms  of  the  service  by  the 
assignmeat  of  an  officer  of  any  grade  to  said  detached  officers'  list  shall  be 
filled,  subject  to  such  examination  as  is  now  or  may  hereafter  be  prescribed 
by  law,  by  the  promotion  of  the  officer  who  shall  be  the  senior  in  length  of 
commissioned  service  of  those  eligible  to  promotion  in  the  next  lower  grade  in 
the  arm  in  which  such  vacancy  shall  occur,  *  *  *  with  a  view  further  to 
equalize  inequalities  in  past  promotions  of  officers  of  the  line  of  the  Army,  on 
July  first,  nineteen  hundred  and  sixteen,  the  Cavalry  shall  be  increased  by 
seventeen  colonels,  and  the  Infantry  by  four  colonels,  all  of  whom  shall  be 
additional  officers  in  that  grade,  and  shall  not  bar  nor  retard  the  promotion  to 
which  any  officer  would  be  entitled  if  the  appointment  of  the  said  additional 
officers  had  never  been  authorized ;  and  after  July  first,  nineteen  hundred  and 
49392* 


84       PAY  AND  ALLOWANCES  OF   THE  AKMY,  AND  MISCELLANEOUS. 

nineteen,  no  vacancies  occurring  among  the  said  additional  officers  shall  be 
filled  and  the  offices  so  vacated  shall  cease  and  determine. — Sec.  25,  act  of  June 
3,  1916  (39  Stat.,  183). 

459.  Duty  with   troops   required. — No  officer   of  any   of  said   arms  of  the 
service  shall  be  permitted  to  remain  on  said  detached  officers'  list  for  more  than 
forty-five  days  unless  he  shall  have  been  actually  present  for  duty  for  at  least 
two  years  out  of  the  last  preceeding  six  years  with  an  organization  composed 
of  one  or  more  statutory  units,  or  the  equivalent  thereof,  of  the  arm  to  which 
he  shall  belong.    Any  vacancy  created  in  said  list  by  the  removal  of  any  officer 
therefrom  because  he  shall  not  have  been  present  for  duty  as  before  prescribed 
in  this  proviso  shall  be  filled  by  the  transfer  to  said  list  of  an  officer  having 
the  same  grade  and  belonging  to  the  same  arm  as  the  officer  whose  removal 
from  said  list  shall  have  created  said  vacancy ;  bur,  except  as  before  prescribed 
in  this  proviso,  all  officers  who  shall  have  been  assigned  to  said  list  shall  remain 
thereon  for  not  less  than  four  years  from  the  respective  dates  of  their  assign- 
ment thereto,  unless  in  the  meantime  they  shall  have  been  separated  entirely 
from  the  Army,  or  shall  have  been  promoted  or  appointed  to  higher  offices,  or 
shall  have  been  retired  from  active  service. — Ibid. 

DETAILS. 

460.  Principal  assistant,  Ordnance  Bureau;  rank,  pay,  and  allowances. — The 
principal  assistant  in  the  Ordnance  Bureau  shall  receive  a  compensation,  includ- 
ing pay  and  emoluments,  not  exceeding  that  of  a  major  of  ordnance. — Sec. 
1279,  R.  S. 

461.  Officer  in  charge  of  public  buildings  and  grounds;  rank,  pay,  and  allow- 
ances.— The  officer  in  charge  of  public  buildings  and  grounds  shall  have  the 
rank,  pay,  and  emoluments  of  a  colonel. — Act  of  Mar.  3,  1873  (17  Stat.,  535). 

462.  Acting  judge  advocates;  rank,  pay,  and  allowances. — Acting  judge  advo- 
cates provided  for  herein  shall  be  detailed  from  officers  of  the  grades  of  captain 
or  first  lieutenant  of  the  line  of  the  Army,  who,  while  so  serving,  shall  con- 
tinue to  hold  their  commissions  in  the  arm  of  the  service  to  which  they  per- 
manently belong.— Sec.  15,  Act  of  Feb.  2,  1901  (31  Stat.,  751). 

463.  Chief  ordnance  officer,  to  staff  of  an  Army  or  corps  and  division  com- 
manders.— A  chief  ordnance  officer  may  be  assigned  to  the  staff  of  an  Army  or 
a  corps  commander,  and  while  so  assigned  shall  have  the  rank,  pay,  and  allow- 
ances of  a  lieutenant  colonel.    A  chief  ordnance  officer  may  be  assigned  to  the 
staff  of  a  division  commander,  and  while  so  assigned  shall  have  the  rank,  pay, 
and  allowance  of  a  major. — Act  of  July  7, 1898  (30  Stat.,  720). 

464.  Chief  of  staff  corps  or  departments. — When  vacancies  shall  occur  in 
the  position  of  chief  of  any  staff  corps  or  department,  the  President  may  ap- 
point to  such  vacancies,  by  and  with  the  advice  and  consent  of  the  Senate,  of- 
ficers of  the  Army  at  large  not  below  the  rank  of  lieutenant  colonel,  and  who 
shall  hold  office  for  terms  of  four  years.    When  a  vacancy  in  the  position  of 
chief  of  any  staff  corps  or  department  is  filled  by  the  appointment  of  an  officer 
below  the  rank  now  provided  by  law  for  said  office,  said  chief  shall,  while  so 
serving,  have  the  same  rank,  pay,  and  allowances  now  provided  for  the  chief 
of  such  corps  or  department. — Sec.  26,  act  of  Feb.  2,  1901  (31  Stat.,  755). 


PAY  AND  ALLOWANCES   OF   THE   ARMY,   AND   MISCELLANEOUS.       85 

465.  Period  of  staff  service. — No  officer  hereafter  detailed  or  appointed  under 
the  provisions  of  section  twenty-six  of  the  act  of  February  second,  nineteen 
hundred  and  one,  who  has  less  than  four  years  to  serve  from  the  date  of  his 
detail  or  appointment  to  the  date  of  his  retirement  shall  serve  under  such  de- 
tail or  appointment  or  be  paid  as  if  on  the  active  list  beyond  the  date  of  his 
retirement. — Act  of  June  30,  1902  (32  Stat.,  509). 

466.  Philippine  Constabulary. — Officers  of  the  Army  of  the  United   States 
may  be  detailed  for  service  as  chief  and  assistant  chiefs,  the  said  assistant 
chiefs  not  to  exceed  in  number  four,  of  the  Philippine  Constabulary,  and  that 
during  the  continuance  of  such  details  the  officer  serving  as  chief  shall  have 
the  rank,  pay,  and  allowances  of  brgadier  general,  and  the  officers  serving  as 
assistant  chiefs  shall  have  the  rank,  pay,  and  allowances  of  colonel :  Provided, 
That  the  difference  between  the  pay  and  allowances  of  brigadier  general  and 
colonel  as  herein  provided,  and  the  pay  and  allowances  of  the  officers  so  detailed 
in  the  grades  from  which  they  are  detailed  shall  be  paid  out  of  the  Philippine 
treasury. — Act  of  Jan.  30,  1903  (32  Stat.,  783),  modified  by  par.  455. 

467.  Chief  of  telegraph  and  cipher  bureau  Executive  Office. — The  President 
be  and  is  hereby  authorized  to  appoint  by  and  with  the  advice  and  consent  of 
the  Senate  an  officer  of  the  Signal  Corps  as  chief  of  the  telegraph  and  cipher 
bureau  of  the  Executive  Office,  who  shall  have,  while  so  serving,  the  rank,  pay, 
and  allowances  of  a  major. — Act  of  Mar.  2,  1903  (32  8tat.,  932). 

468.  First  lieutenant,  Ordnance  Department. — Hereafter  details  for  service 
to  the  grade  of  first  lieutenant  in  the  Ordnance  Department  under  the  provisions 
of  the  act  of  February  second,  nineteen  hundred  and  one,  may  be  made,  from 
the  Army  at  large,  from  the  grade  of  first  or  second  lieutenant,  and  officers  so 
detailed  shall,  while  so  serving,  receive  the  pay  of  first  lieutenant. — Act  o/ 
Mar.  2, 1903  (32  Stat.,  942). 

469.  Chief  of  the  Bureau  of  Insular  Affairs. — The  Chief  of  the  Bureau  of 
Insular  Affairs  of  the  War  Department  shall  hereafter  be  appointed  by  the 
President  for  the  period  of  four  years,  unless  sooner  relieved,  with  the  advice 
and  consent  of  the  Senate,  and  while  holding  that  office  he  shall  have  the  rank, 
pay,  and  allowances  of  a  brigadier  general. — Act  of  June  25, 1906  (34  Stat.,  456). 

470.  Principal  assistant  to  Chief  of  Bureau  of  Insular  Affairs. — The  Secre- 
tary of  War  is  hereby  authorized  to  detail  an  officer  of  the  Army  whom  he  may 
consider  especially  well  qualified  to  act  as  principal  assistant  to  the  Chief  of 
the  Bureau  of  Insular  Affairs  of  the  War  Department,  and  said  principal  as- 
sistant, while  acting  under  said  detail,  shall  have  the  rank,  pay,  and  allow- 
ances of  a  major.— Act  of  Mar.  2,  1907  (34  Stat.,  1162). 

471.  Assistant  to  Cliief  of  Bureau  of  Insular  Affairs. — The  Secretary  of  War 
is  hereby  authorized  to  detail  one  additional  officer  of  the  Army  as  assistant  to 
the  Chief  of  the  Bureau  of  Insular  Affairs,  under  the  same  provisions  of  law 
in  regard  to  the  vacancy  in  the  line  thus  created  and  return  to  the  line  as 
govern  in  the  case  of  the  assistant  authorized  by  the  act  of  March  second, 
nineteen  hundred  and  seven ;  and  the  assistant  herein  authorized  while  serving 
in  this  capacity  shall  have  the  rank,  pay,  and  allowances  of  a  colonel ;  and  both 
officers  detailed  in  the  Bureau  of  Insular  Affairs  shall  hereafter  be  designated, 
while  on  this  duty,  as  assistants  to  the  Chief  of  the  Bureau. — Act  of  Mar.  23, 
1910  (36  Stat.,  248). 

49392* 


86       PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND  MISCELLANEOUS. 

472.  Tour  of  duty;  Philippine  Islands  and  Panama  Canal  Zone. — On  and 
after  October  first,  nineteen  hundred  and  fifteen,  no  officer  or  enlisted  man  of 
the  Army  shall,  except  upon  his  own  request,  be  required  to  serve  in  a  single 
tour  of  duty  for  more  than  two  years  in  the  Philippine  Islands,  nor  more  than 
three  years  in  the  Panama  Canal  Zone,  except  in  case  of  insurrection  or  of 
actual  or  threatened  hostilities :  Provided  further,  That  the  foregoing  provision 
shall  not  apply  to  the  organization  known  as  the  Philippine  Scouts. — Act  of 
Mar.  4,  1915  (38  Stat.,  1078). 

473.  Duty  with  the  National  Guard. — The  Secretary  of  War  shall  detail 
officers  of  the  active  list  of  the  Army  to  duty  with  the  National  Guard  in  each 
State,  Territory,  or  District  of  Columbia,  and  officers  so  detailed  may  accept 
commissions  in  the  National  Guard,  with  the  permission  of  the  President,  and 
terminable  in  his  discretion,  without  vacating  their  commissions  in  the  Regular 
Army  or  being  prejudiced  in  their  relative  or  lineal  standing  therein.     The 
Secretary  of  War  may,  upon  like  application,  detail  one  or  more  enlisted  men 
of  the  Regular  Army  with  each  State,  Territory,  or  District  of  Columbia  for 
duty  in  connection  with  the  National  Guard.    But  nothing  in  this  section  shall 
be  so  construed  as  to  prevent  the  detail  of  retired  officers  as  now  provided  by 
law.— Sec.  100,  act  of  June  3,  1916  (89  Stat.,  208). 

474.  Chief  of  Coast  Artillery;  rank,  pay,  and  allowances. — Hereafter  the 
Chief  of  Coast  Artillery  shall  have  the  rank,  pay,  and  allowances  of  a  major 
general.— Act  of  July  6,  1916  (39  Stat.,  849). 

475.  Staff  service  with  troop,  etc.,  deemed  line  duty. — Hereafter,  in  deter- 
mining the  eligibility,  under  the  provisions  of  the  act  of  Congress  approved 
August  twenty-fourth,  nineteen  hundred  and  twelve,  of  troop,  battery,  or  com- 
pany officers  for  detail  as  officers  of  the  various  staff  corps  and  departments  of 
the  Army,  except  the  General  Staff  Corps,  service  actually  performed  by  any 
such  officer  with  troops  prior  to  December  fifteenth,  nineteen  hundred  and  twelve, 
as  a  regimental,  battalion,  or  squadron  staff  officer,  shall  be  deemed  to  have  been 
duty  with  a  battery,  company,  or  troop. — Act  of  Mar.  2,  1913  (37  Stat.,  706). 

476.  Performance  of  Quartermaster  Corps  duty  by  regimental,  etc.,  staff  ofli- 
vers. — Regimental,  battalion,  and  squadron  quartermasters  and  commissaries 
shall  hereafter  be  required  to  perform  the  duties  of  officers  of  the  Quarter- 
master Corps,  including  the  receipting  for  any  money  or  property  pertaining  to 
said  corps,  when  no  officer  of  the  Quartermaster  Corps  is  present  for  such  duties, 
and  nothing  contained  in  the  Army  appropriation  act  approved  August  twenty- 
fourth,  nineteen  hundred  and  twelve,  shall  hereafter,  be  held  or  construed  so 
as  to  prevent  competent  authority  from  requiring  any  officers  of  the  Army  to 
act  temporarily  as  quartermasters  wherever  there  shall  be  no  officers  of  the 
Quartermaster  Corps  and  no  regimental,  battalion,  or  squadron  quartermasters 
or  commissaries  present  for  such  duty.— Act  of  Mar.  2,  1913  (87  Stat.,  706). 

477.  Military  details  under  Cuoa  and  Panama. — The  consent  of  Congress  is 
hereby  granted  to  the  acceptance  by  officers  of  the  Army,  in  the  discretion  of 
the  President,  of  such  military  details  under 'the  Governments  of  Cuba  and 
Panama  as  may  be  requested  by  the  Presidents  of  these  Republics:  Provided, 
That  such  details  shall  not  exceed  five  in  number :  And  provided  further,  That 
no  officer  so  detailed  shall  receive  any  present,  emolument,  office,  or  title  of 
any  kind  whatever  from  the  Government  of  Cuba  or  Panama. — Act  of  Apr. 
19.  1910  (86  Stat.,  324). 


PAY   AND  ALLOWANCES   OF   THE  ARMY,  AND   MISCELLANEOUS.       87 

478.  Military  Academy. — The  Secretary  of  War  is  hereby  directed  to  detail 
a  competent  officer  to  act  as  quartermaster  and  commissary  for  the  battalion 
of  cadets,  by  whom  all  purchases  and  issues  of  supplies  of  all  kinds  for  the 
cadets,  and  all  provisions  for  the  mess,  shall  be  made,  and  that  all  supplies 
of  all  kinds  and  descriptions  shall  be  furnished  to  the  cadets  at  actual  cost, 
without  any  commission  or  advance  over  -said  cost ;   and  such  officer  so  as- 
signed shall  perform  all  the  duties  of  purveying  and  supervision  for  the  mess 
as  now  done  by  the  purveyor.— Act  of  Aug.  7,  1876  (19  Stat.,  126). 

479.  War  of  1917. — That  all  existing  restrictions  upon  the  detail,  detach- 
ment, and  employment  of  officers  and  enlisted  men  of  the  Regular  Army  are 
hereby  suspended  for  the  period  of  the  present  emergency. — Sec.   11,  act  of 
May  18.  1917   (40  Stat.,  82). 

DISCHAEGE. 

480.  Failure  to  pass  examination;  all  officers  of  the  Army  below  the  grade 
of  major. — That  the  President  be,  and  he  is  hereby,  authorized  to  prescribe  a 
system  of  examination  of  all  officers  of  the  Army  below  the  rank  of  major  to 
determine  their  fitness  for  promotion,  such  an  examination  to  be  conducted  at 
such  times  anterior  to  the  accruing  of  the  right  to  promotion  as  may  be  best  for 
the  interests  of  the  service:     *     *     *     Should  the  officer  fail  in  his  physical 
examination  and  be  found  incapacitated  for  service  by  reason  of  physical  dis- 
ability contracted  in  line  of  duty  he  shall  be  retired  with  the  rank  to  which  his 
seniority  entitled  him  to  be  promoted ;  but  if  he  should  fail  for  any  other  reason 
he  shall  be  suspended  from  promotion  for  one  year,  when  he  shall  be  reexamined, 
and  in  case  of  failure  on  such  reexamination  he  shall  be  honorably  discharged 
with  one  year's  pay.— Act  of  Oct.  1,  1890  (26  Stat.,  562). 

481.  Same — Officers   of   the   Medical   Corps,    below   the   rank   of   lieutenant 
colonel. — Should  any  officer  of  the  Medical  Corps  fail  in  his  physical  examination 
and  be  found  incapacitated  for  service  by  reason  of  physical  disability  con- 
tracted in  the  line  of  duty,  he  shall  be  retired  with  the  rank  to  which  his 
seniority  entitled  him  to  be  promoted ;  but  if  he  should  be  found  disqualified  for 
promotion  for  any  other  reason,  a  second  examination  shall  not  be  allowed,  but 
the  Secretary  of  War  shall  appoint  a  board  of  review  to  consist  of  three  officers 
of  the  Medical  Corps  superior  in  rank  to  the  officer  examined,  none  of  whom 
shall  have  served  as  a  member  of  the  board  which  examined  him.     If  the 
unfavorable  finding  of  the  examining  board  is  concurred  in  by  the  board  of 
review,  the  officer  reported  disqualified  for  promotion  shall,  if  a  first  lieutenant 
or  captain,  be  honorably  discharged  from  the  service  with  one  year's  pay ;  and, 
if  a  major,  shall  be  debarred  from  promotion  and  the  officer  next  in  rank  found 
qualified  shall  be  promoted  to  the  vacancy.     If  the  action  of  the  examining 
board  is  disapproved  by  the  board  of  review,  the  officer  shall  be  considered 
qualified  and  shall  be  promoted. — Act  of  Apr.  23,  1908  (85  Stat.,  67). 

482.  Final  payment  on  discharge. — Officers  who  at  any  time  were  account- 
able or  responsible  for  public  property  shall  be  required,  before  final  payment  is 
made  to  them  on  discharge  from  the  service,  to  obtain  certificates  of  nonin- 
debtedness  to  the  United  States  from  only  such  of  the  bureaus  of  the  War  De- 
partment to  which  the  property  for  which  they  were  accountable  or  responsible 
pertains,  and  the  certificate  from  the  Chief  of  the  Division  of  Bookkeeping  and 
Warrants,   Treasury  Department,  and  such  certificates,   accompanied  by   the 
affidavits  of  officers  of  nonaccountability  or  nonresponsibility  to  other  bureaus 
of  the  War  Department,  certified  to  by  the  commanding  officer  of  the  regiment 


88       PAY  AND  ALLOWANCES  OF  THE  AKMY,  AND  MISCELLANEOUS. 

or  independent  organization,  shall  warrant  their  final  payment :  Provided,  That 
officers  who  have  not  been  responsible  at  any  time  for  public  property  shall  be 
required  to  make  affidavit  of  that  fact,  certified  to  by  their  commanding  officers, 
which  shall  be  accepted  as  sufficient  evidence  to  warrant  their  final  payment  on 
their  discharge  from  the  service. — Sec.  2,  act  of  Jan.  12,  1899  (30  Stat.,  784). 

488.  War  of  1917. — The  appointments  authorized  and  made  as  provided  by 
the  second,  third,  fourth,  fifth,  sixth,  and  seventh  paragraphs  of  section  one 
and  by  section  eight  of  this  act,  and  the  temporary  appointments  in  the 
Regular  Army  authorized  by  the  first  paragraph  of  section  one  of  this  act, 
shall  be  for  the  period  of  the  emergency,  unless  sooner  terminated  by  discharge 
or  otherwise.  The  President  is  hereby  authorized  to  discharge  any  officer 
from  the-  office  held  by  him  under  such  appointment  for  any  cause  which,  in 
the  judgment  of  the  President,  would  promote  the  public  service;  and  the 
general  commanding  any  division  and  higher  tactical  organization  or  terri- 
torial department  is  authorized  to  appoint  from  time  to  time  military  boards 
of  not  less  than  three  nor  more  than  five  officers  of  the  forces  herein  provided 
for  to  examine  into  and  report  upon  the  capacity,  qualification,  conduct,  and 
efficiency  of  any  commissioned  officer  within  his  command  other  than  officers 
of  the  Regular  Army  holding  permanent  or  provisional  commissions  therein. 
Each  member  of  such  board  shall  be  superior  in  rank  to  the  officer  whose 
qualifications  are  to  be  inquired  into,  and  if  the  report  of  such  board  be  ad- 
verse to  the  continuance  of  any  such  officer  and  be  approved  by  the  President, 
such  officer  shall  be  discharged  from  the  service  at  the  discretion  of  the  Presi- 
dent with  one  month's  pay  and  allowances. — Sec.  9,  act  of  May  18,  1917  (40 
Stat.,  82). 

FUEL,  FOBAGE,  ETC.,  IN  KIND. 

484.  Authority  for. — Fuel     *     *     *     and  forage  may  be  furnished  in  kind 
to  officers  by  the  Quartermaster's  Department   according  to   law   and   regula- 
tions.— Sec.  1270,  R.  S.,  as  amended  by  act  of  Feb.  27,  1877  (19  Stat.,  243). 

485.  Forage., — Forage  in  kind  may  be  furnished  to  the  officers  of  the  Army 
by  the  Quartermaster's  Department,  only  for  horses  owned  and  actually  kept 
by  such  officers  in  the  performance  of  their  official  military  duties  when  on  duty 
with  troops  in  the  field  or  at  such  military  posts  west  of  the  Mississippi  River, 
as  may  be  from  time  to  time  designated  by  the  Secretary  of   War,    and    not 
otherwise    as  follows:  To  the  general,  five  horses;  to  the  lieutenant  general, 
four  horses;  to  a  major  general,  three  horses;  to  a  brigadier  general,  three 
horses ;  to  a  colonel,  two  horses ;  to  a  lieutenant  colonel,  two  horses ;  to  a  major, 
two  horses;  to  a  captain  (mounted),  two  horses;  to  a  lieutenant  (mounted), 
two  horses;  to  an  adjutant,  two  horses;  to  a  regimental   quartermaster,    two 
horses. — Sec.  8,  act  of  June  18,  1878  (20  Stat.,  150). 

486.  Forage;  restriction  governing. — Forage  shall  be  allowed  to  officers  only 
for  horses  authorized  by  law  and  actually  kept  by  them  in  service  when  on  duty 
and  at  the  place  where  they  are  on  duty. — Sec.  1272,  R.  S. 

487.  Forage;  no  discrimination  against  officers  serving  east  of  the  Mississippi 
River. — There  shall  be  no  discrimination  in  the  issue  of  forage  against  officers 
serving  east  of  the  Mississippi  River  provided  they  are  required  by  law  to  be 
mounted  and  actually  keep  and  own  their  animals. — Act  of  June  SO,  1882  (22 
Stat.,  119). 


PAY  AND  ALLOWANCES  OF  THE  ARMY,  AND  MISCELLANEOUS.       89 

488.  Fuel;  allowances  limited  to  actual  personal  necessities. — Hereafter  fuel 
may  be  furnished  to  commissioned  officers  on  the  active  list  by  the  Quarter- 
master's Department  for  the  actual  use  of  such  officers  only  at  the  rate  of  three 
dollars  per  cord  for  standard  oak  wood,  or  at  an  equivalent  rate  for  other 
kinds  of  fuel,  the  amount  so  furnished  to  each  to  be  limited  to  the  officers' 
actual  personal  necessities  as  certified  to  by  him. — Act  of  June  12,  1906  (34 
Stat.,  250). 

489.  Forage,  bedding,  shoeing,  shelter,  etc.;  officers  not  to  be  deprived  of. — 
Nothing  in  the  act  making  appropriations  for  the  legislative,  executive,  and 
judicial  expenses"  of  the  Government  for  the  fiscal  year  nineteen  hundred  and 
eight  or  any  other  act,  shall  hereafter  be  held  or  construed  so  as  to  deprive 
officers  of  the  Army,  wherever  on  duty  in  the  military  service  of  the  United 
States,  of  forage,  bedding,  shoeing,  or  shelter  for  their  authorized  number  of 
horses,  or  of  any  means  of  transportation  or  maintenance  therefor  for  which 
provision  is  made  by  the  terms  of  this  act. — Act  of  Mar.  3,  1909  (35  Stat.,  742). 

490.  Same — Not  to  be  deprived  of  when  offlcer  is  separated  from  owned 
horses  through  military  service. — Hereafter  when  an  officer  is  separated  from 
his  authorized  number  of  owned  horses  through  the  nature  of    the    military 
service  upon  which  employed  they  shall  not  be  deprived  of  forage,  bedding, 
shelter,  shoeing,  or  medicines  therefor  because  of  such  separation. — Act  of  Mar. 
23,  1910.  (36  Stat.,  252). 

LEAVE  OF  ABSENCE. 

491.  Absence  on  account  of  sickness,  wounds,  etc. — Officers  when  absent  on 
account  of  sickness  or  wounds,   or  lawfully  absent  from  duty  and  waiting 
orders,  shall  receive  full  pay;  when  absent  with  leave,  for  other  causes,  full 
pay  during  such  absence  not  exceeding  in  the  aggregate  thirty  days  in  one  year, 
and  half  pay  during  such  absence  exceeding  thirty  days  in  one  year.    When 
absent  without  leave,  they  shall  forfeit  all  pay  during  such  absence  unless 
the  absence  is  excused  as  unavoidable. — Sec.  1265,  R.  S. 

492.  Cumulative  leave. — All  officers  on  duty  shall  be  allowed,  in  the  discre- 
tion of  the  Secretary  of  War,  sixty  days'  leave  of  absence  without  deduction  of 
pay  or  allowance:  Provided,  That  the  same  be  taken  once  in  two  years:  And 
provided  further,  That  the  leave  of  absence  may  be  extended  to  three  months 
if  taken  once  only  in  three  years,  or  four  months  if  taken  only  once  in  four 
years.— Act  of  July  29,  1876  (19  Stat.,  102). 

493.  Commencement   and   termination   of   leave — Service   in   Alaska,    etc. — 
Leaves  of  absence  which  may  be  granted  officers  of  the  Regular  or  Volunteer 
Army  serving  in  the  Territory  of  Alaska  or  without  the  limits  of  the  United 
States,  for  the  purpose  of  returning  thereto,  or  which  may  have  been  granted 
such  officers  for  such  purpose  since  the  thirteenth  day  of  October,  eighteen  hun- 
dred and  ninety-eight,  shall  be  regarded  as  taking  effect  on  the  dates  such 
officers  reached  or  may  have  reached  the  United  States,  respectively,  and  as 
terminating,  or  as  having  terminated,  on  the  respective  dates  of  their  departure 
from  the  United  States  in  returning  to  their  commands,  as  authorized  by  an 
order  of  the  Secretary  of  War  dated  October  13,  1898. — Act  of  Mar.  2,  1901  (31 
Stat.,  902). 

494.  Accrued  leave;  officers  appointed  from  Volunteer  to  Regular  Army. — 
Officers  appointed  to  the  Regular  Army  from  the  Volunteer  service,  whose  serv- 
ice- has  been  continuous,  shall,  in  the  computation  of  leaves  of  absence  after 


90        PAY  AND  ALLOWANCES   OF    THE   ARMY,  AND   MISCELLANEOUS. 

their  appointment  in  the  Regular  Army,  be  entitled  to  the  leave  credits  which 
accrued  to  them  as  Volunteer  officers  where  such  leave  credits  were  not  availed 
of  during  their  Volunteer  service. — Act  of  June  30,  1902  (32  Stat.,  508). 

495.  To  be  absent  from  Philippines. — Leaves  to  be  absent  from  the  Philip- 
pine Islands,  other  than  to  return  to  the  United  States,  which  may  be  granted 
officers  of  the  Army  serving  in"  said  islands  and  sailing  from  Manila,  shall  be 
regarded  as  taking  effect  on  the  dates  such  officers  reach  Manila,  and  as  ter- 
minating on  the  dates  of  their  departure  from  Manila,  in  returning  to  their 
stations.— Act  of  Mar.  2,  1907  (34  Stat.,  1171). 

496.  Instructors  at  service  schools. — The  provisions  of  section  thirteen  hun- 
dred and  thirty,  Revised   Statutes,  authorizing  leaves  of  absence  to  certain 
officers, of  the  Military  Academy  during  the  period  of  the  suspension  of  the 
ordinary  academic  studies,  without  deduction  from  pay  and  allowances,  be,  and 
are  hereby,  extended  to  include  officers  on  duty  exclusively  as  instructors  at  the 
service  schools  on  approval  of  the  officers  in  charge  of  said  schools. — Act  of 
Mar.  23,  1910  (36  Stat.,  244). 

LONGEVITY  PAY. 

497.  Ten  per  centum  increase  for  each  term  of  five  years  of  service. — There 
shall  be  allowed  and  paid  to  each  commissioned  officer  below  the  rank  of 
brigadier  general,  including  chaplains  and  others  having  assimilated  rank  or 
pay,  ten  per  centum  of  their  current  yearly  pay  for  each  term  of  five  years  of 
service. — Sec.  1262,  R.  S. 

498.  To  be  computed  on  yearly  pay  of  grade. — From  and  after  the  first  day 
of  July,  eighteen  hundred  and  eighty-two,  the  ten  per  centum  increase  for  length 
of  service  allowed  to  certain  officers  by  section  twelve  hundred  and  sixty-two 
of  the  Revised  Statutes  shall  be  computed  on  the  yearly  pay  of  the  grade  fixed 
by  sections  twelve  hundred  and  sixty-one  and  twelve  hundred  and  seventy- 
four  of  the  Revised  Statutes. — Act  of  June  30,  1882  (22  Stat.,  118). 

499.  Not  to  exceed  forty  per  centum  of  yearly  pay. — The  total  amount  of 
such  increase  for  length  of  service  shall  in  no  case  exceed  forty  per  centum 
on  the  yearly  pay  of  the  grade  as  provided  by  law. — Sec.  1263,  R.  S. 

500.  Maximum  for  colonel,  lieutenant  colonel,  and  major. — In  no  case  shall 
the  pay  of  a  colonel  exceed  five  thousand  dollars  a  year ;  the  pay  of  a  lieutenant 
colonel  exceed  four  thousand  five  hundred  dollars  a  year,  or  the  pay  of  a  major 
exceed  four  thousand  dollars  a  year. — Act  of  May  11,  1908  (35  Stat.,  108). 

501.  Service  as  officer  in  Volunteers  or  enlisted  men  in  armies. — All  officers 
of  the  Army  of  the  United  States  who  have  served  as  officers  in  the  Volunteer 
forces  during  the  War  of  the  Rebellion,  or  as  enlisted  men  in  the  armies  of 
the  United  States,  Regular  or  Volunteer,  shall  be,  and  are  hereby,  credited  with 
the  full  time  they  may  have  served  as  such  officers  and  as  such  enlisted  men 
in  computing  their  service  for  longevity  pay  and  retirement. — Sec.  7,  act  of 
June  18,  1878  (20  Stat.,  150). 

502.  Service  in  Navy  to  be  counted.— The  actual  time  of  service  in  the  Army 
or  Navy,  or  both,  shall  be  allowed  all  officers  in  computing  their  pay. — Act  of 
Feb.  24,  1881  (21  Stat.,  346). 


PAY  AND  ALLOWANCES   OF   THE  ARMY,  AND   MISCELLANEOUS.       91 

503.  Service  of  cadet  subsequent  to  act. — Hereafter  the  service  of  a  cadet 
who  may  hereafter  be  appointed  to  the  United  States  Military  Academy  or  to 
the  Naval  Academy  shall  not  be  counted  in  computing  for  any  purpose  the 
length  of  service  of  any  officer  of  the  Army. — Sec.  6,  act  of  Aug.  24,  1912 
(37  Stat.,  594). 

MILEAGE,   ETC. 

504.  Sea  travel;  actual  expenses  of. — For  all  sea  travel  actual  expenses 
only  shall  be  paid  to  officers     *     *     *     when  traveling  on  duty  under  com- 
petent orders,  with  or  without  troops,  and  the  amount  so  paid  shall  not  in- 
clude any  shore  expenses  at  port  of  embarkation  or  debarkation;  but  for  the 
purpose  of  determining  allowances  for  all  travel  under  orders,  or  for  officers 
and   enlisted    men   on    discharge,    travel   in   the   Philippine   Archipelago,   the 
Hawaiian  Archipelago,  the  home  waters  of  the  United  States,  and  between  the 
United  States  and  Alaska  shall  not  be  regarded  as  sea  travel  and  shall  be 
paid  for  at  the  rates  established  by  law  for  land  travel  within  the  boundaries 
of  the  United  States.— Ac*  of  June  12,  1906  (34  Stat.,  247). 

605.  Necessity  for  travel  to  be  stated. — The  necessity  for  travel  in  the  mili- 
tary service  shall  be  certified  to  by  the  officer  issuing  the  order  and  stated  in 
the  order.— Ac*  of  Mar.  3,  1883  (22  Stat.,  456). 

506.  Military  information  from  abroad. — Hereafter  the  officers  detailed  to 
obtain   military   information   from   abroad   shall  be   entitled   to   mileage   and 
transportation     *     *     *     as  provided  when  on  other  duty. — Act  of  Feb.  27, 
1893  (27  Stat.,  480). 

507.  Appropriations   for,   not   available   for  inspections   or  investigations. — 
Hereafter  no  portion  of  the  appropriation  for  mileage  to  officers  traveling  on 
duty  without  troops  shall  be  expended  for  inspections  or  investigations  except 
such  as  are  especially  ordered  by  the  Secretary  of  War,  or  such  as  are  made 
by  Army  and  department  commanders  in  visiting  their  commands,  and  those 
made   by    the   Inspector   General's   Department   in   pursuance   of   law,    Army 
Regulations,  or  orders  issued  by  the  Secretary  of  War. — Act  of  Aug;  6,  1894 
(28  Stat.,  237). 

608.  Special  duty  to  be  stated  in  orders  involving  payment  of. — All  orders 
involving  the  payment  of  mileage  shall  state  the  special  duty  enjoined. — Act  of 
Aug.  6,  1894  (28  Stat.,  237). 

509.  Payment  of  allowances  restricted. — All  allowances  for  mileage  shall  be 
made  solely  from  the  sums  herein  appropriated  for  such  purposes. — Act.  of 
Apr.  23,  1904  (33  Stat.,  267). 

510.  Traveling  under  competent  orders,  rate  fixed  at  seven  cents  per  mile; 
computation  of. — Hereafter  officers,  active  and  retired,  when  traveling  under 
competent  orders  without  troops,  and  retired  officers  who  have  so  traveled 
since  March  third,  nineteen  hundred  and  five,  si' all  be  paid  seven  cents  per 
mile  and  no  more;  distances  to  be  computed  and  mileage  to  be  paid  over  the 
shortest  usually  traveled  routes,  with  deductions  as  hereinafter  provided;  and 
payment  and  settlement  of  mileage  accounts  of  officers  shall  be  made  according 
to  distances  and  deductions  computed  over  routes  established  and  by  mileage 
tables  prepared  by  the  paymaster  General  of  the  Army  under  the  direction  of 
the  Secretary  of  War.— Ac*  of  June  12,  1906  (34  Stat.,  246). 


92       PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND  MISCELLANEOUS. 

511.  Duty  without  troops;  Secretary  of  War  to  determine  what  shall  consti- 
tute.— The  Secretary  of  War  may  determine  what  shall  constitute  travel  and 
duty  without  troops  within  the  meaning  of  the  laws  governing  payment  of 
mileage  to  officers  of  the  Army. — Ibid. 

512.  Mileage  and   transportation  allowances,  foreign  armies;   officers   and 
enlisted  men  of,  traveling  in  the  United  States  on  official  business  in  connection 
with  aviation. — That  during  the  present  emergency,  officers  and  enlisted  men 
of  foreign  armies  attached  to  the  aviation  section  of  the  Signal  Corps  as  in- 
structors or  inspectors  when  traveling  in  the  United  States  on  official  business 
pertaining  to  the  aviation  section  of  the  Signal  Corps  shall  be  authorized,  from 
funds  appropriated  by  this  act,  the  same  mileage  and  transportation  allowances 
as  are  authorized  for  officers  and  enlisted  men  of  the  Regular  Army. — Sec.  9, 
act  of  July  24,  1911  (40  Stat.,  247). 

518.  Transportation  in  kind,  on  request. — Officers  who  so  desire  may,  upon 
application  to  the  Quartermaster's  Department,  be  furnished  under  their  orders 
transportation  requests  for  the  entire  journey  by  land,  exclusive  of  sleeping 
and  parlor  car  accommodations,  or  by  water;  and  the  transportation  so  fur- 
nished shall,  if  travel  was  performed  under  a  mileage  status,  be  a  charge 
against  the  officer's  mileage  account,  to  be  deducted  at  the  rate  of  three  cents 
per  mile  by  the  paymaster  paying  the  account,  and  of  the  amount  so  deducted 
there  shall  be  turned  over  to  an  authorized  officer  of  the  Quartermaster's  De- 
partment three  cents  per  mile  for  transportation  furnished,  except  over  any  rail- 
road which  is  a  free  or  fifty  per  centum  land-grant  railroad,  for  the  credit  of 
the  appropriation  for  the  transportation  of  the  Army  and  its  supplies. — Ibid. 

614:.  Travel  over  bond-aided  roads;  deduction. — When  the  established  route 
ol  travel  shall,  in  whole  or  in  part,  be  over  the  line  of  any  railroad  on  which  the 
troops  and  supplies  of  the  United  States  are  entitled  to  be  transported  free  of 
charge,  or  over  any  fifty  per  centum  land-grant  railroad,  officers  traveling  as 
herein  provided  for  shall,  for  the  travel  over  such  roads,  be  furnished  with  trans- 
portation requests,  exclusive  of  sleeping  and  parlor  car  accommodations,  by  the 
Quartermaster's  Department.  When  transportation  is  furnished  by  the  Quar- 
termaster's Department,  or  when  the  established  route  of  travel  is  over  any 
of  the  railroads  above  specified,  there  shall  be  deducted  from  the  officer's  mile- 
age account  by  the  paymaster  paying  the  same,  three  cents  per  mile  for  the  dis- 
tance for  which  transportation  has  been  or  should  have  been  furnished. — Ibid. 

515.  Change  of  station  while  on  leave  of  absence. — When  the  station  of  an 
officer  is  changed  while  he  is  on  leave  of  absence,  he  will,  on  joining  the  new 
station,  be  entitled  to  mileage  for  the  distance  to  the  new  station  from  the 
place  where  he  received  the  order  directing  the  change,  provided  the  distance 
be  no  greater  than  from  the  old  to  the  new  station ;  but  if  the  distance  be 
greater  he  will  be  entitled  to  mileage  for  a  distance  equal  to  that  from  the 
old  to  the  new  station  only. — Ibid. 

516.  Officers  of  the  Ordnance  Department,  duty  in  connection  with  that  de- 
partment.— That  mileage  to  officers  of  the  Ordnance  Department  traveling  on 
duty  in  connection  with  that  department  shall  be  paid  from  the  appropriation 
for  the  work  in  connection  with  which  the  travel  is  performed. — Act  of  May  12, 
1917  (40  Stat..  65). 


PAY  AND  ALLOWANCES   OF   THE  AKMY,  AND  MISCELLANEOUS.       93 

517.  Officers  of  the  aviation  section,  Signal  Corps,  duty  in  connection  with 
aviation  service. — That  mileage  to  officers  in  the  aviation  section,  Signal  Corps, 
traveling  on  duty  in  connection  with  aviation  service  shall  be  paid  from  the 
appropriation  for  the  work  in  connection  with  which  the  travel  is  performed. — 
Act  of  May  12,  1917  (40  Stat.,  43). 

618.  Officers  of  the  Corps  of  Engineers. — In  determining  the  mileage  of  offi- 
cers of  the  Corps  of  Engineers  traveling  without  troops  on  duty  connected  with 
works  under  their  charge,  no  deduction  shall  be  made  for  such  travel  as  may 
be  necessary  on  free  or  bond-aided  or  land-grant  railways. — Sec.  15,  act  of  Sept. 
19,  1890  (26  Siat.,  456). 

QUAKTEBMASTEB    COBPS. 

519.  Office  of  storekeeper  revoked. — When  a  vacancy  shall  occur  through 
death,  retirement,  or  other  separation  from  active  service  in  the  office  of 
storekeeper  in  the  Quartermaster  Department  and  Ordnance  Department,  re- 
spectively, now  provided  for  by  law,  said  offices  shall  cease  to  exist. — Acts  of 
Mar.  3,  1S99  (30  Stat.,  977)  and  Feb.  2,  1901  (31  Stat.,  748). 

620.  Doorkeeper  to  President  to  have  grade  of  storekeeper. — The  military 
storekeeper  now  on  duty  at  the  White  House  as  doorkeeper  to  the  President 
may  be  continued  in  that  employment,  and  shall  receive  the  full  pay  and  al- 
lowances of  his  grade  from  the  date  of  his  retirement  until'  relieved  by  the 
President.— Act  of  June  30,  1902  (32  Stat.,  511). 

521.  Grade  of  military  storekeeper  revived. — The  President  of  the  United 
States,  in  his  discretion,  be,  and  he  is  hereby,  authorized  to  appoint  Charles  P. 
Daly,  chief  clerk,  office  of  the  Quartermaster  Corps,  United  States  Army,  a 
military  storekeeper  in  the  Quartermaster  Corps,  United  States  Army,  with 
the  rank,  pay,  and  allowances  of  a  captain,  mounted ;  and  the  grade  of  military 
storekeeper  is  hereby  revived  in  the  Army  of  the  United  States  for  this  pur- 
pose only. — Act  of  Aug.  29,  1916  (39  Stat.,  626). 

522.  Pay  clerk  commissioned  as  first  lieutenant. — The  President  is  author- 
ized to  appoint,  and,  by  and  with  the  advice  and  consent  of  the  Senate,  to 
commission  to  the  grade  of  first  lieutenant  in  the  Quartermaster  Corps,  United 
States  Army,   a  pay  clerk  of  over  thirty-one  years'   service,   now  in  active 
service,  and  who  has  been  recommended  by  the  then  Secretary  of  War  for 
such  appointment.— Act  of  Aug.  29,  1916  (39  Stat.,  644)- 

523.  Pay  clerks  commissioned  as  second  lieutenants. — The  pay  clerks  now  in 
active  service    *     *     *    shall,  hereafter  have  the  rank,  pay,  and  allowances 
of  a  second  lieutenant.— Sec.  9,  act  of  June  3, 1916  (39  Stat.,  170). 

QUARTERS. 

524.  Allowance  of. — At  all  posts  and  stations  where  there  are  public  quarters 
belonging  to  the  United  States  officers  may  be  furnished  with  quarters  in  kind 
in  such  public  quarters,  and  not  elsewhere,  by  the  Quartermaster's  Department, 
assigning  to  the  officers  of  each  grade,  respectively,  such  number  of  rooms  as  is 
stated  in  the  following  table,  namely:   Second  lieutenants,  two  rooms;   first 
lieutenants,  three  rooms;  captains,  four  rooms;  majors,  five  rooms;  lieutenant 
colonels,   six  rooms ;   colonels,  seven  rooms ;   brigadier-generals,  eight   rooms ; 


94        PAY  AND  ALLOWANCES   OF   THE   ARMY,  AND   MISCELLANEOUS. 

major  generals,  nine  rooms  (lieutenant  general,  ten  rooms). — Sec.  9,  act  of 
June  18,  1878  (20  Stat.,  151),  as  amended  by  act  of  Mar.  2,  1907  (84  Stat., 
1168). 

525.  In  kind;  authority  for. —    *    *     *    Quarters    *     *     *    may  be  furn- 
nished  in  kind  to  officers  by  the  Quartermaster's  Department  according  to  law 
and  regulations. — Sec.  1270,  R.  S.,  as  amended  by  act  of  Feb.  27,  1877  (19  Stat., 
243). 

526.  Public  quarters   defined. — Hereafter   the   Secretary   of  War   may   de- 
termine where  and  when  there  are  no  public  quarters  available  within  the 
meaning  of  this  or  any  other  act. — Act  of  Mar.  4,  1915  (38  Stat.,  1069). 

627.  Heat  and  light  for. — Hereafter  the  heat  and  light  actually  necessary 
for  the  authorized  allowance  of  quarters  for  officers  and  enlisted  men  shall  be 
furnished  at  the  expense  of  the  United  States  under  such  regulations  as  the 
Secretary  of  War  may  prescribe.— Act  of  Mar.  2,  1907   (34  Stat.,  1167). 

STOPPAGES    AND   DEDUCTIONS    OF   PAY. 

628.  Rations  purchased  on  credit. — The  amount  due  from  any  officer  for 
rations  purchased  on  credit,  or  for  any  article  designated  by  the  inspectors 
general  of  the  Army  and  purchased  on  credit  from  commissaries  of  subsistence, 
shall  be  deducted  from  the  payment  made  to  such  officer  next  after  such  pur- 
chase shall  have  been  reported  to  the  Paymaster  General. — Sec.  1299,  R.  S. 

529.  Repairs  or  damages  to  arms,  equipments,  etc. — The  cost  of  repairs  on 
damages  done  to  arms,  equipments,  or  implements,  shall  be  deducted  from  the 
pay  of  any  officer    *     *     *    in  whose  care  or  use  the  same  were  when  such 
damage  occurred,  if  said  damages  were  occasioned  by  the  abuse  or  negligence 
of  said  officer    *     *     *     .—Sec.  1303,  K.  S. 

530.  For  deficiencies,  final  settlement  of  accounts. — In  case  of  deficiency  of 
any  article  of  military  supplies,  on  final  settlements  of  the  accounts  of  any 
officer  charged  with  the  issue  of  the  same,  the  value  thereof  shall  be  charged 
against  the  delinquent  and  deducted  from  his  monthly  pay,  unless  he  shall 
show  to  the  satisfaction  of  the  Secretary  of  War,  by  one  or  more  depositions 
setting  forth  the  circumstances  of  the  case,  that  said  deficiency  was  not  occa- 
sioned by  any  fault  on  his  part.    And  in  case  of  damage  to  any  military  sup- 
plies, the  value  of  such  damage  shall  be  charged  against  such  officer  and  de- 
ducted from  his  monthly  pay,  unless  he  shall,  in  like  manner,  show  that  such 
damage  was  not  occasioned  by  any  fault  on  his  part. — Sec.  1304,  R-  S. 

531.  Arrears. — No  money  shall  be  paid  to  any  person  for  his  compensation 
who  is  in  arrears  to  the  United  States  until  he  has  accounted  for  and  paid  into 
the  Treasury  all  sums  for  which  he  may  be  liable.    In  all  cases  where  the  pay 
or  salary  of  any  person  is  withheld  in  pursuance  of  this  section,  the  accounting 
officers  of  the  Treasury,  if  required  to  do  so  by  the  party,  his  agent. -or  attor- 
ney, shall  report  forthwith  to  the  Solicitor  of  the  Treasury  the  balance  due; 
and  the  solicitor  shall,  within  sixty  days  thereafter,  order  suit  to  be  com- 
menced against  such  delinquent  and  his  sureties. — Sec.  1766,  R.  S. 

632.  Indebtedness,  where  judgment  has  been  obtained. — The  pay  of  officers 
of  the  Army  may  be  withheld  under  section  seventeen  hundred  and  sixty-six  of 
the  Revised  Statutes  on  account  of  an  indebtedness  to  the  United  States  ad- 


PAY  AND  ALLOWANCES  OF   THE   ARMY,  AND  MISCELLANEOUS.       95 

mitted  or  shown  by  the  judgment  of  a  court,  but  not  otherwise,  unless  upon 
a  special  order  issued  according  to  the  discretion  of  the  Secretary  of  War. — 
Act  of  July  16,  1892  (27  Stat.,  177). 

TEAVEL  ALLOWANCE. 

533.  On  discharge. — Hereafter  when  an  officer  shall  be  discharged  from  the 
service,  except  by  way  of  punishment  for  an  offense,  he  shall  receive  for  travel 
allowances  from  the  place  of  his  discharge  to  the  place  of  his  residence  at  the 
time  of  his  appointment  or  to  the  place  of  his  original  muster  into  the  service 
four  cents  per  mile.— Act  of  Mar.  2,  1901  (31  Stat.,  902). 

534.  Travel  expenses;  purposes  of  instruction. — For  travel  expenses  of  offi- 
cers (engineers)  on  journeys  approved  by  the  Secretary  of  War  and  made  for 
the  purpose  of  instruction:  Provided,  That  the  traveling  expenses  herein  pro- 
vided for  shall  be  in  lieu  of  mileage  and  other  allowances. — Act  of  Mar.  2,  1913 
(37  Stat.,  719). 

535.  Actual  expenses,  duty  in  Alaska. — Hereafter  actual  expenses  only,  not 
to  exceed  four  dollars  and  fifty  cents  per  day  and  cost  of  transportation  when 
not  furnished  by  the  Quartermaster's  Department,  shall  be  paid  to  the  officers 
of  the  Army     *     *     *     when  traveling  on  duty  without  troops,  under  com- 
petent orders,  within  the  geographical  limits  of  the  Territory  of  Alaska. — Act 
of  May  11,  1908  (85  Stat.,  114). 

536.  Sea  travel  on  discharge;  actual  expenses. — For  sea  travel  on  discharge 
actual  expenses  only  shall  be  paid  to  officers. — Act  of  Mar.  2,  1901   (31  Stat., 
903). 

537.  Travel  expenses,  officers  and  enlisted  men  of  foreign  armies. — The  Sec- 
retary of  War  is  hereby  authorized,  under  such  regulations  and  in  such  man- 
ner as  he  may  prescribe,  to  employ  such  portion  of  the  appropriations  made 
for  transportation  of  the  Army  and  its  supplies  as  in  his  judgment  may  be 
necessary  to  defray  the  expenses  of  travel  incurred  by  officers  and  enlisted  men 
of  foreign  armies  attached  to  the  Army  of  the  United  States  during  the  present 
emergency,  and  that  those  officers  and  enlisted  men,  who  may  have  been  per- 
forming duties  in  this  connection,  be  reimbursed  from  this  appropriation  for 
the  expenditures  they  have  already  been  obliged  to  make. — Act  of  Oct.  6,  1917 
(40  Stat.,  361). 

VETERINARY    CORPS. 

538.  Appointment  of  veterinarians  and  assistant  veterinarians. — The  Presi- 
dent is  hereby  authorized,  by  and  with  the  advice  and  consent  of  the  Senate, 
to  appoint  veterinarians  and  assistant  veterinarians  in  the  Army,  not  to  exceed, 
including  veterinarians  now  in  service,  two  such  officers  for  each  regiment  of 
Cavalry,  one  for  every  three  batteries  of  Field  Artillery,  one  for  each  mounted 
battalion  of  engineers,  seventeen  as  inspectors  of  horses  and  mules  and  as 
veterinarians  in  the  Quartermaster  Corps,  and  seven  as  inspectors  of  meats 
for  the  Quartermaster  Corps;  and  said  veterinarians  and  assistant  veterina- 
rians shall  be  citizens  of  the   United  States  and  shall  constitute  the  Veteri- 
nary Corps  and  shall  be  a  part  of  the  Medical  Department  of  the  Army. — 
Sec.  16,  Act  of  June  3,  1916  (39  Stat.,  176). 

539.  Assistant  veterinarians;  qualifications,  etc. — Hereafter  a  candidate  for 
appointment  as  assistant  veterinarian  must  be  a  citizen  of  the  United  States, 


96       PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND  MISCELLANEOUS. 

between  the  ages  of  twenty-one  and  twenty-seven  years,  a  graduate  of  a  recog- 
nized veterinary  college  or  university,  and  shall  not  be  appointed  until  he  shall 
have  passed  a  satisfactory  examination  as  to  character,  physical  condition,  gen- 
eral education,  and  professional  qualifictions. — Ibid. 

540.  Same;  rank,  pay,  etc. — An  assistant  veterinarian  appointed  under  this 
act  shall,  for  the  first  five  years  of  service  as  such,  have  the  rank,  pay,  and 
allowances  of  second  lieutenant;  that  after  five  years  of  service  he  shall  have 
the  rank,  pay,  and  allowances  of  first  lieutenant;  that  after  fifteen  years  of 
service  he  shall  be  promoted  to  be  a  veterinarian  with  the  rank,  pay,  and  allow- 
ances of  captain,  and  that  after  twenty  years'  service  he  shall  have  the  rank, 
pay,  and  allowances  of  a  major.— Ibid. 

641.  Discharge  of,  where  found  deficient  at  examination. — Any  assistant 
veterinarian,  in  order  to  be  promoted  as  hereinbefore  provided,  must  first  pass  a 
satisfactory  examination,  under  such  rules  as  the  President  may  prescribe,  as 
to  professional  qualifications  and  adaptability  for  the  military  service;  and  if 
such  assistant  veterinarian  shall  be  found  deficient  at  such  examination  he  shall 
be  discharged  from  the  Army  with  one  year's  pay. — Ibid. 

542.  Appointment  of  veterinarians  of  Cavalry,  Field  Artillery,  and  of  the 
Quartermaster  Corps  to  the  Veterinary  Corps;  rank,  pay,  and  allowances. — The 
veterinarians  of  Cavalry  and  Field  Artillery  now  in  the  Army,  together  with 
such  veterinarians  of  the  Quartermaster  Corps  as  are  now  employed  in  said 
corps,  who  at  the  date  of  the  approval  of  this  act  shall  have  had  less  than  five 
years'  governmental  service,  may  be  appointed  in  the  Veterinary  Corps  as  as- 
sistant veterinarians  with  the  rank,  pay,  and  allowances  of  second  lieutenant ; 
those  who  shall  have  had  over  five  years  of  such  service  may  be  appointed  in 
said  corps  as  assistant  veterinarians  with  the  rank,  pay,  and  allowances  of  first 
lieutenant ;  and  those  who  shall  have  had  over  fifteen  years  of  such  service  may 
be  appointed  in  said  corps  as  veterinarians  with  the  rank,  pay,  and  allowances 
of  captain:  Provided,  That  no  such  appointment  of  any  veterinarian  shall  be 
made  unless  he  shall  first  pass  satisfactorily  a  practical  professional  and  phys- 
ical examination  as  to  his  fitness  for  the  military  service. — Ibid. 

543.  Retirement  of  former  veterinarians  for  physical  incapacity. — Veterina- 
rians now  in  the  Army  or  in  the  employ  of  the  Quartermaster  Corps  who  shall 
fail  to  pass  the  prescribed  physical  examination  because  of  disability  incident 
to  the  service  and  sufficient  to  prevent  them  from  the  performance  of  duty 
valuable  to  the  Government  shall  be  placed  upon  the  retired  list  of  the  Army 
with  seventy-five  per  centum  of  the  pay  to  which  they  would  have  been  en- 
titled if  appointed  in  the  Veterinary  Corps  as  hereinbefore  prescribed. — Ibid. 

544.  Reserve  veterinarians,  pay  and  allowances;  eligible  as  assistant  vet- 
erinarians.— The  Secretary  of  War,  upon  recommendation  of  the  Surgeon  Gen- 
eral of  the  Army,  may  appoint  in  the  Veterinary  Corps,  for  such  time  as  their 
services  may  be  required,  such  number  of  reserve  veterinarians  as  may  be 
necessary  to  attend  public  animals  pertaining  to  the  Quartermaster  Corps.    Re- 
serve veterinarians  so  employed  shall  have  the  pay  and  allowances  of  second 
lieutenant  during  such  employment  and  no  longer :  Provided,  That  such  reserve 
veterinarians  shall  be  graduates  of  a  recognized  veterinary  college  or  univer- 
sity and  shall  pass  a  satisfactory  examination  as  to  character,  physical  condi- 
tion, general  education,  and  professionl  qualifications  in  like  manner  as  herein- 


PAY  AND  ALLOWANCES  OF   THE   AEMY,  AND  MISCELLANEOUS.       97 

before  required  of  assistant  veterinarians ;  such  reserve  veterinarians  shall  con- 
stitute a  list  of  eligibles  for  appointment  as  assistant  veterinarians,  subject  to 
all  the  conditions  hereinbefore  prescribed  for  the  appointment  of  assistant 
veterinarians. — Ibid. 

545.  Discharge  of  at  end  of  probationary  period. — Within  a  limit  of  time  to 
be  fixed  by  the  Secretary  of  War  candidates  for  appointment  as  assistant  vet- 
erinarians who  shall  have  passed  satisfactorily  the  examinations  prescribed 
for  that  grade  by  this  act  shall  be  appointed,  in  the  order  of  merit  in  which  they 
shall  have  passed  such  examination,  to  vacancies  as  they  occur,  such  appoint- 
ments to  be  for  a  probationary  period  of  two  years,  after  which  time,  if  the 
services  of  the  probationers  shall  have  been  satisfactory,  they  shall  be  perma- 
nently appointed  with  rank  to  date  from  the  dates  of  rank  of  their  probation- 
ary appointments.     Probationary  veterinarians  whose  services  are  found  un- 
satisfactory shall  be  discharged  at  any  time  during  the  probationary  period,  or 
at  the  end  thereof,  and  shall  have  no  further  claims  against  the  Government  on 
account  of  their  probationary  service. — Ibid. 

RETIRED  COMMISSIONED  OFFICERS. 

546.  Retired  pay. — Officers  retired  from  active  service  shall  receive  seventy- 
five  per  centum  of  the  pay  of  the  rank  upon  which  they  are  retired. — Sec. 
1274,  R-  S. 

547.  Same. — Services  in  connection  with  construction  of  Panama  Canal. — At 
any  time  after  the  passage  of  this  act  any  officer  of  the  Army     *     *     *     to  be 
benefited  by  the  provisions  of  this  act  may,  on  his  own  application,  be  retired 
by  the  President  at  seventy-five  per  centum   of  the  pay   of  the  rank  upon 
which  he  is  retired.— Act  of  Mar.  4,  1915  (38  Stat.,  1191). 

548.  Service  as  Chief  of  Staff  Corpus  or  department. — Any  officer  now  holding 
office  in  any  corps  or  department  who  shall  hereafter  serve  as  chief  of  staff 
corps  or  department  and  shall  subsequently  be  retired,  shall  be  retired  with 
the  rank,  pay,  and  allowances  authorized  by  law  for  the  retirement  of  such 
corps  or  department  chief. — Sec.  26,  Act  of  Feb.  2,  1901  (31  Stat.,  755). 

549.  Civil  War  service,   below  grade  of  brigadier  general. — Any  officer  of 
the  Army  below  the  grade  of  brigadier  general  who  served  with  credit  as  an 
officer  or  as  an  enlisted  man  in  the  regular  or  volunteer  forces  during  the 
Civil  War  prior  to  April  ninth,  eighteen  hundred  and  sixty-five,  otherwise  than 
as  a  cadet,  and  whose  name  is  borne  on  the  official  register  of  the  Army,  and 
who  has  heretofore  been,  or  may  hereafter  be,  retired  on  account  of  wounds 
or  disability  incident  to  the  service  or  on  account  of  age  or  after  forty  years' 
service,  may,  in  the  discretion  of  the  President,  by  and  with  the  advice  and 
consent  of  the  Senate,  be  placed  on  the  retired  list  of  the  Army  with  the  rank 
and  retired  pay  of  one  grade  above  that  actually  held  by  him  at  the  time  of 
retirement :  Provided,  That  this  act  shall  not  apply  to  any  officer  who  received 
an  advance  of  grade  since  the  date  of  his  retirement  or  who  has  been  restored 
to  the  Army  and  placed  on  the  retired  list  by  virtue  of  the  provisions  of  a 
special  act  of  Congress.— Ac*  of  Apr.  23,  1904  (33  Stat.,  264)- 

550.  Same — With  rank  of  brigadier  general. — Officers  who  served  creditably 
in  the  regular  or  volunteer  forces  during  the  Civil  War  prior  to  April  ninth, 
eighteen  hundred  and  sixty-five,  and  who  now  hold  the  rank  of  brigadier  gen- 

49392—18 7* 


98       PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND  MISCELLANEOUS. 

eral  on  the  active  list  of  the  Army,  having  previously  held  that  rank  for  three 
years  or  more,  shall,  when  retired  from  active  service,  have  the  rank  and 
retired  pay  of  major  general. — Act  of  Mar.  2,  1907  (34  Stat.,  1163). 

551.  Examination  for  return  to  duty  if  retired  for  disability. — The  Secretary 
of  War  shall  make  a  list  of  all  officers  of  the  Army  who  have  been  placed  on 
the  retired  list  for  disablity  and  shall  cause  such  officers  to  be  examined  at 
intervals  as  may  be  advisable,  and  such  officers  as  shall  be  found  to  have  recov- 
ered from  such  disabilities  or  to  be  able  to  perform  service  of  value  to  the 
Government  sufficient  to  warrant  such  action  shall  be  assigned  to  such  duty 
as  the  Secretary  of  War  may  approve. — Act  of  Aug.  29,  1916  (89  Stat.,  629). 

ACTIVE    DTJTY. 

552.  Assignment  to  duty  at  Soldiers'  Home,  etc.,  retired  pay  only. — Retired 
officers  of  the  Army  may  be  assigned  to  duty  at  the  Soldier's  Home,  upon  a 
selection  by  the  commissioners  of  that  institution,  approved  by  the  Secretary 
of  War ;  and  a  retired  officer  shall  not  be  assignable  to  any  other  duty :  Pro- 
vided, That  they  receive  from  the  Government  only  the  pay  and  emoluments 
allowed  by  law  to  retired  officers. — Sec.  1259,  R.  S. 

553.  Assigned  to  active  duty,  above  grade  of  major,  retired  pay  only. — Re- 
tired officers  of  the  Army  above  the  grade  of  major,  heretofore  or  hereafter 
assigned  to  active  duty,  shall  hereafter  receive  their  full  retired  pay  and  shall 
receive  no  further  pay  or  allowances  from  the  United  States. — Act  of  Mar.  2, 
1905  (33  Stat.,  831). 

654.  Colonel  or  lieutenant  colonel. — A  colonel  or  lieutenant  colonel  hereto- 
fore or  hereafter  assigned  to  active  duty  shall  hereafter  receive  the  same  pay 
and  allowance  as  a  retired  major  would  receive  under  a  like  assignment. — Act 
of  June  12,  1906  (34  Stat.,  245). 

555.  Temporary  command  of  post  without  garrison;  limitation  on  pay  ex- 
tended to  include  brigadier  general,  major  general,  and  lieutenant  general. — 
When  by  reason  of  the  movement  of  troops  a  post  is  temporarily  left  without 
its  regular  garrison  and  with  no  commissioned  officer  except  of  the  Medical 
Reserve  Corps  on  duty  thereat,  the  Secretary  of  War  may  assign  a  retired 
officer  of  the  Army,  with  his  consent,  to  active  duty  in  charge  of  such  post. 
The  officer  so  assigned  shall  perform  the  duties  of  commanding  officer  and  also 
any  necessary  staff  duties  at  such  post,  and  shall,  while  in  the  performance 
of  such  duties,  receive  the  full  pay  and  allowances  of  his  grade,  subject  to  the 
limitations  imposed  by  the  act  of  March  second,  nineteen  hundred  and  five, 
and  the  act  of  June  twelfth,  nineteen  hundred  and  six,  which  limitations  shall 
include  the  grades  of  brigadier  general,  major  general,  and  lieutenant  general. — 
Act  of  Aug.  29,  1916  (39  Stat.,  627). 

556.  Pay  for  active  duty,  not  to  exceed  that  of  major. — Hereafter  any  retired 
officer,  who  has  been  or  shall  be  detailed  on  active  duty,  shall  receive  the  rank, 
pay,  and  allowances  of  the  grade,  not  above  that  of  major,  that  he  would  have 
attained  in  due  course  of  promotion  if  he  had  remained  on  the  active  list  for 
a  period  beyond  the  date  of  his  retirement  equal  to  the  total  amount  of  time 
during  which  he  has  been  detailed  on  active  duty  since  his  retirement. — Sec.  24, 
act  of  June  3,  1916  (39  Stat.,  183). 


PAY  AND  ALLOWANCES   OF   THE  ARMY,  AND   MISCELLANEOUS.       99 

557.  Detailed  to  the  Organized  Militia;  full  pay,  etc.  —  In  addition  to  the 
detail  of  retired  officers  now  authorized  by  law,  it  shall  hereafter  be  lawful  for 
the  Secretary  of  War  to  detail,  whenever  in  his  judgment  the  public  interests 
require  it,  not  exceeding  twenty  retired  officers  for  service  in  connection  with 
the  Organized  Militia  in  the  States  or  Territories,  upon  the  request  of  the 
governor  thereof,  and  such  retired  officers  shall  be  entitled,  while  so  employed, 
to  receive  the  full  pay  and  allowances  of  their  respective  grades.  —  Act  of  Mar. 
2,  1903  (32  Stat.,  932). 

558.  Detailed  a*  adjutant  ;/<in  ml,  District  of  Columbia  Militia.  —  The  Presi- 
dent of  the  United  States  may  detail  as  adjutant  general  of  the  District  x>f 
Columbia  Militia  any  retired  officer  of  the  Army  who  may  be  nominated  to 
the  President  by  the  brigadier  general  commanding  the  District  of  Columbia 
Militia,  said  retired  officer  while  so  detailed  to  have  the  active-service  pay  and 
allowances  of  his  rank  in  the  Regular  Army.  —  Act  of  June  6,  1900  (31  Stat., 
671). 

559.  In  tune  of  tear,  full  pay,  etc.—  In  time  of  war  retired  officers  of  the 
Army  may  be  employed  on  active  duty,  in  the  discretion  of  the  President,  and 
when  so  employed  they  shall  receive  the  full  pay  and  allowances  of  their 
grade.  —  Sec.  24,  act  of  June  3,  1916  (39  Stat.,  183). 


560.  Recruit  iiif/  in  connection   tcith  National  Guard.  —  The  Secretary  of  War 
may  assign  retired  officers  of  the  Army,  with  their  consent,  to  active  duty  in 
recruiting,  for  service  in  connection  with  the  organized  militia  of  the  several 
States  and  Territories,  upon  the  request  of  the  governor  thereof,  as  military 
attaches,  upon  courts-martial,  courts  of  inquiry,  and  boards,  and  to  staff  duties 
not  involving  service  with  troops;  and  such  officers  while  so  assigned  shall 
receive  the  full  pay  and  allowances  of  their  respective  grades.  —  Act  of  Apr.  23, 
1904  (33  Stat.,  264). 

561.  Detailed  as  acting  quartermasters,  not  regarded  as  service  with  troops.  — 
Assignments  which  have  been  made,  or  may  hereafter  be  made,  of  retired  of- 
ficers of  the  Army  to  active  duty  as  acting  quartermasters  shall  be  regarded 
us  assignments  to   stuff  duties  not   involving  service  with   troops  within   the 
meaning  of  the  act  of  Congress  approved  April  twenty-  third,  nineteen  hundred 
uii.l  four.—  Act  of  May  12,  1917   (40  Stat.,  48). 

ACTIVE  DUTY—  EDUCATIONAL  INSTITUTIONS. 

562.  Detailed    ax    coUcye   />ro/V*.s-or  ;    retired    pni/    only.—  Any    retired    officer 
may,  on  his  own  application,  be  detailed  to  serve  as  professor  in  any  college 
(but  while  so  serving  such  officer  shall  be  allowed  no  additional  compensa- 
tion).— Sec.  1260,  R.  S. 

568.  Same  —  Authority  for;  no  additional  allowance.  —  Upon  the  application 
of  any  college,  university,  or  institution  of  learning  incorporated  under  the  laws 
of  any  State  within  the  United  States,  having  capacity  at  the  same  time  to 
educate  not  less  than  one  hundred  and  fifty  male  students,  the  President  may 
detail  an  officer  of  the  Army  on  the  retired  list  to  act  as  president,  superin- 
tendent. or  professor  thereof:  and  such  officer  may  receive  from  the  institution 
to  which  he  may  be  detailed  the  difference  between  his  retired  and  full  pay,  and 
shall  not  receive  any  additional  pay  or  allowance  from  the  United  States.  _  Act 
of  May  .',,  MM  (.?/  M«t..  US). 


100    PAY  AND  ALLOWANCES  OF   THE   ARMY,   AND   MISCELLANEOUS. 

564.  Same — Commutation  of  quarter*  to  he  paid  l>i/  xefiool. — Xo  detail  shall 
he  made  under  this  act  to  any  school  unless  it  shall  pay  the  cost  of  commutation 
of  quarters  of  the  retired  officers     *     *     *     detailed  thereto  to  which  they  may 
he  entitled  by  law     *     *     *:  Provided.  That  no  detail  shall  be  made  under  the 
provisions  of  this  act  unless  the  officers     *     *     *     to  be  detailed  are  willing  to 
accept  such  position :  Provided  further,  That  they  shall  receive  no  compensation 
from  the  Government  other  than  their  retired  pay. — Act  of  Apr.  21,  1904   (33 
Stat.,  225). 

565.  Detailed   to   educational   hixtitntion*,   to   reeeire   full   paii,  ete. — The  act 
approved  November  third,  eighteen  hundred  and  ninety-three,  authorizing  the 
detail  of  officers  of  the  Army  and  Navy  to  educational  institutions,  be  amended 
so  as  to  provide  that  retired  officers,  when  so  detailed,  shall  receive  the  full  pay 
and  allowances  of  their  rank,  except  that  the  limitations  on  the  pay  of  officers 
of  the  Army  above  the  grade  of  major  as  provided  in  the  acts  of  March  second, 
nineteen  hundred  and  five,  and  June  twelfth,  nineteen  hundred  and  six.  shall 
remain  in  force.— Act.  of  Mar.  3,  1909  (35  Stat.,  738). 

500.  Educational  institutions;  pay,  etc. — The  President  is  hereby  authorized 
to  detail  such  numbers  of  officers  of  the  Army,  either  active  or  retired,  not  above 
the  grade  of  colonel,  as  may  be  necessary,  for  duty  as  professors  and  assistant 
professors  of  military  science  and  tactics  at  institutions  where  one  or  more  units 
of  the  Reserve  Officers'  Training  Corps  are  maintained ;  *  *  *.  In  time  of 
peace  retired  officers  shall  not  be  detailed  under  the  provisions  of  this  section 
without  their  consent.  Retired  officers  below  the  grade  of  lieutenant  colonel  so 
detailed  shall  receive  the  full  pay  and  allowances  of  their  grade,  and  retired 
officers  above  the  grade  of  major  so  detailed  shall  receive  the  same  pay  and 
allowances  as  a  retired  major  would  receive  under  a  like  detail. — Sec.  Jt5,  act  of 
June  3,  1916  (39  Stat.,  192). 

LONGEVITY    PAY. 

567.  Increase  of,  limited. — No  part  of  this  sum  shall  be  used  for  payment  of 
further  increase  of  longevity  pay  to  officers  now  on  the  retired  list,  and  officers 
hereafter  retired  from  active  service  shall  not  be  therefrom  allowed  or  paid 
any  increase  of  longevity  pay  above  the  sum  allowed  and  paid  to  such  officers 
at  the  date  of  retirement,  unless  retired  on  account  of  wounds  received  in 
battle.— Act  of  June  30,  1902  (32  Stat.,  511). 

568.  Same — Exception. — Hereafter,  except  in  case  of  officers  retired  on  ac- 
count <»f  wounds  received  in  battle,  no  officer  now  on  the  retired  list  shall  be 
allowed  or  paid  any  further  increase  of  longevity  pay,  and  officers  hereafter 
retired,  except  as  herein  provided,  shall  not  be  allowed  or  paid  any  further 
increase  of  longevity  pay  above  that  which  had  accrued  at  date  of  their  retire- 
ment.— Act  of  Mar.  2,  1903  (32  Stat.,  932). 

569.  Increase   of,   for   actirc   service. — Hereafter   any   retired   officer   of   the 
Army  who  has  been  detailed  to  active  duty,  and  who  has  since  his  retirement 
served  on  active  detail  shall  be  entitled  to  increases  of  longevity  pay  to  be 
computed  as  provided  by  existing  statute  for  the  computation  of  longevity  pay, 
for  the  time  of  his  service  before  retirement  and  on  active  detail  since  his  re- 
tirement.— Act  of  Matj   /..',   HH7    (',0  Stat.,  48). 


PAY  AND  ALLOWANCES   OF    THE   AKMY.:  AND   MISCELLAJJFOTJS.    101 
WHOLLY  RETIRED  OFFICERS. 

570.  Pay  and  allowances. — Officers  wholly  retired  from  the  service  shall  be 
entitled  to  receive,  upon  their  retirement,  one  year's  pay  and  allowances  of  the 
highest  rank  held  by  them,  whether  by  staff  or  regimental  commission,  at  the 
time  of  their  retirement.— See.  1215,  R.  S. 

ENLISTED  MEN. 

671.  Monthly  pay  during  first  enlistment. — Hereafter  the  monthly  pay  of 
enlisted  men  of  the  Army  during  their  first  enlistment  shall  be  as  follows: 
Master  electricians,  master  signal  electricians,  seventy-five  dollars;  engineers, 
sixty-five  dollars;  sergeants,  first  class,  Hospital  Corps,  fifty  dollars;  regimental 
sergeants  major,  regimental  quartermaster  sergeants,  regimental  commissary 
sergeants,  sergeants  major,  senior  grade,  Coast  Artillery,  battalion  sergeants 
major  of  Engineers,  post  quartermaster  sergeants,  post  commissary  sergeants, 
post  ordnance  sergeants,  battalion  quartermaster  sergeants  of  Engineers,  elec- 
trician sergeants,  first  class;  sergeant,  first  class,  Signal  Corps,  and  first  ser- 
geants, forty-five  dollars;  battalion  sergeants  major  of  Infantry  and  Field 
Artillery,  squadron  sergeants  major,  sergeants  major,  junior  grade,  Coast  Ar- 
tillery, battalion  quartermaster  sergeants,  Field  Artillery,  and  master  gunners, 
forty  dollars ;  electrician  sergeants  second  class,  sergeants  of  Engineers,  Ord- 
nance, and  Signal  Corps,  quartermaster  sergeants  of  Engineers,  and  color  ser- 
geants, thirty-six  dollars;  sergeants  and  quartermaster  sergeants  of  Cavalry. 
Artillery,  and  Infantry,  stable  sergeants,  sergeants,  and  acting  cooks  of  the 
Hospital  Corps,  firemen,  and  cooks,  thirty  dollars :  *  *  *  corporals  of  En- 
gineers, Ordnance,  Signal  Corps,  and  Hospital  Corps,  chief  mechanics  and 
mechanics,  Coast  Artillery,  twenty-four  dollars ;  corporals  of  Cavalry,  Artillery, 
and  Infantry,  mechanics  of  Field  Artillery,  blacksmiths  and  farriers,  saddlers, 
wagoners,  and  artificers,  twenty-one  dollars;  *  *  *  privates  first  class  of 
Engineers,  Ordnance,  Signal  Corps,  and  Hospital  Corps,  eighteen  dollars ;  .pri- 
vates, Hospital  Corps,  sixteen  dollars ;  trumpeters,  musicians  of  Infantry, 
Artillery,  and  Engineers,  privates  of  Cavalry,  Artillery,  Infantry,  Signal  Corps 
and  privates  second  class,  Engineers  and  Ordnance,  fifteen  dollars. — Act  of 
.!/>/?/  11.  1908  (35  Stat.,  109). 

572.  Post   quartermaster  and  post   commissary  sergeants   hereafter   to    be 
known  as  quartermaster  sergeants. — The  noncommissioned  officers  no\v  known 
as   post  quartermaster   sergeants  and  post   commissary   sergeants   shall  here- 
after be  known  as  quartermaster  seargeants. — Her.  3,  act  of  Aug.  24,  1912  (37 
Mat..  592). 

573.  Monthly  pay  of  certain  enlisted  men. — Hereafter  the  monthly  pay  of 
enlisted  men  of  certain  grades  of  the  Army  created  in  this  act  shall  be  as  fol- 
lows,  namely :    Quartermaster   sergeant,    senior   grade,   Quartermaster   Corps ; 
master  hospital  sergeant,  Medical  Department;  master  engineer,  senior  grade. 
Corps  of  Engineers;  and  band  leader,  Infantry.  Cavalry,  Artillery,  and  Corps 
of  Engineers,  seventy-five  dollars ;  hospital  sergeant,  Medical  Department ;  and 
master  engineer,  junior  grade,  Corps  of  Engineers,  sixty-five  dollars ;  sergeant, 
first  class,  Medical  Department,  fifty  dollars ;   sergeant,   first   class,  Corps  of 
Engineers;    regimental    supply    sergeant.    Infantry,    Cavalry,    Field    Artillery, 
and  Corps  of  Engineers;  battalion  supply  sergeant.  Corps  of  Engineers;  and 
,-issisrant   engineer,    ('oast   Artillery    Corps,    forty-five    dollars;    assistant   band 
leader,   Infantry,   Cavalry,   Artillery,   and   Corps   of  Engineers;    and   sergeant 
bugler,  Infantry,   Cavalry,  Artillery,   and  Corps  of  Engineers,  forty  dollars; 


102     PAY  AND  ALLOWANCES   OF   THE   ARMY,   AND    MISCELLANEOUS. 

musician,  first  class,  Infantry,  Cavalry,  Artillery,  and  Corps  of  Engineers; 
supply  sergeant,  mess  sergeant,  and  stable  sergeant,  Corps  of  Engineers;  ser- 
geant, Medical  Department,  thirty-six  dollars;  supply  sergeant,  Infantry,  Cav- 
alry, and  Artillery;  mess  sergeant,  Infantry,  Cavalry,  and  Artillery;  cook, 
Medical  Department ;  horseshoer,  Infantry,  Cavalry,  Artillery,  Corps  of  En- 
gineers, Signal  Corps,  and  Medical  Department ;  stable  sergeant.  Infantry  and 
Cavalry ;  radio  sergeant,  Coast  Artillery  Corps ;  and  musicians,  second  class, 
Infantry,  Cavalry,  Artillery,  and  Corps  of  Engineers,  thirty  dollars;  musician, 
third  class,  Infantry,  Cavalry,  Artillery,  and  Corps  of  Engineers;  corporal, 
Medical  Department,  twenty-four  dollars;  saddler,  Infantry,  Cavalry,  Field 
Artillery,  Corps  of  Engineers,  and  Medical  Department ;  mechanic,  Infantry, 
Cavalry,  and  Field  Artillery,  and  Medical  Department;  farrier,  Medical  De- 
partment; and  wagoner,  Infantry,  Field  Artillery,  and  Corps  of  Engineers, 
twenty -one  dollars;  private,  first  class,  Infantry,  Cavalry,  Artillery,  and  Med- 
ical Department,  eighteen  dollars;  private,  Medical  Department,  and  bugler, 
fifteen  dollars.  Nothing  herein  contained  shall  operate  to  reduce  the  pay  or 
allowances  now  authorized  by  law  for  any  grade  of  enlisted  men  of  the  Army. — 
Sec.  ,?S,  act  of  June  3,  1916  (39  Stat.,  186). 

574.  Monthly  pay  in  time  of  war. — Commencing  June  one,  nineteen  hundred 
and  seventeen,  and  continuing  until  the  termination  of  the  emergency,  all  enlisted 
men  of  the  Army  of  the  United  States  in  active  service  whose  base  pay  does 
not  exceed  twenty-one  dollars  per  month  shall  receive  an  increase  of  fifteen 
dollars  per  month ;  those  whose  base  pay  is  twenty-four  dollars,  an  increase 
of  twelve  dollars  per  month ;  those  whose  base  pay  is  thirty  dollars,  thirty-six 
dollars,  or  forty  dollars,  an  increase  of  eight  dollars  per  month ;   and  those 
whose  base  pay  is  forty-five  dollars  or  more,  an  increase  of  six  dollars  per 
month :  Provided,  That  the  increases  of  pay  herein  authorized  shall  not  enter 
into  the  computation  of  continuous-service  pay. — Act  of  May  18,  1917  (40  Stat., 
82). 

575.  Grades  of  chauffeur,  first  class,  and  chauffeur,  Signal  Corps,  created; 
pay  and  allowances. — That  the  grades  of  chauffeur,  first  class,  and  chauffeur  are 
hereby  created  in  the  Signal  Corps.     The  pay  and  allowances  of  a  chauffeur, 
first-class,  shall  be  the  same  as  a  sergeant,  first  class,  in  the  Signal  Corps.    Pay 
and  allowances  of  a  chauffeur  shall  be  the  same  as  a  sergeant   in  the  Signal 
Corps—  Sec.  3,  act  of  July  24,  1917  (40  Stat.,  244). 

576.  Temporary    forces,    Signal    Corps;    pay    and    allowances. — That    all 
*     *     *     enlisted  men  of  the  temporary  forces  of  the  Signal  Corps,  including 
the  aviation  section  thereof  provided  for  herein,  shall  be  in  all  respects  on  the 
same  footing  as  to  pay,  allowances,  and  pensions  as  permanent     *     *     *     en- 
listed men  of  corresponding  grades  and  length  of  service  in  the  Regular  Army. — 
Sec.  8,  act  of  July  24,  1917  (40  Stat.,  245). 

577.  Payment  to  be  made  by  check  where  no  paymaster  is  on  duty. — The  Sec- 
retary of  War  is  also  authorized  to  arrange  for  the  payment  of  the  enlisted  men 
serving  at  posts  or  places  where  no  paymaster  is  on  duty  by  check  or  by  cur- 
rency, to  be  sent  to  them  by  mail  or  express.  ;ii  the  expense  and  risk  of  the 
United  States.— Act  of  Feb.  27,  1893  (27  Stat.,  479). 

578.  Receipt  of  any  pay  or  allowances  under  fraudulent  enlistment  a  mili- 
tary offense. — Fraudulent  enlistment  and  the  receipt  of  any  pay  or  allowance 
thereunder,  is  hereby  declared  a  military  offense  and  made  punishable  by  a 
court-martial,  under  the  sixty-second  article  of  war. — Act  of  July  27,  1892  (27 
Stat.t  278). 


PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND  MISCELLANEOUS.    103 

679.  Arrears  of  pay  not  to  exceed  two  months. — The  Army  shall  be  paid  in 
such  manner  that  the  arrears  shall  at  no  time  exceed  two  months,  unless  cir- 
cumstances shall  render  further  arrears  unavoidable. — Sec.  1189,  R.  S. 

580.  During  captivity. — Every  noncommissioned  officer  and  private  of  the 
Regular  Army,  and  every  officer,  noncommissioner  officer,  and  private  of  any 
militia  or  volunteer  corps  in  the  service  of  the  United  States  who  is  captured 
by  the  enemy  shall  be  entitled  to  receive  during  his  captivity,  notwithstanding 
the  expiration  of  his  term  of  service,  the  same  pay,  subsistence,  and  allowance 
to  which  he  may  be  entitled  while  in  the  actual  service  of  the  United  States ;  but 
this  provision  shall  not  be  construed  to  entitle  any  prisoner  of  war  of  such 
militia  corps  to  any  pay  or  compensation  after  the  date  of  his  parole,  except 
the  traveling  expenses  allowed  by  law. — Sec.  1288,  R.  8. 

581.  Conscripts. — That  all     *     *     *    enlisted  men  of  the  forces  herein  pro- 
vided for  other  than  the  Regular  Army  shall  be  in  all  respects  on  the  same 
footing  as  to  pay,  allowances,  and  pensions  as    *     *     *    enlisted  men  of  corre- 
sponding grades  and  length  of  service  in  the  Regular  Army. — Sec.  10,  act  of 
May  18,  1917  (40  8tat.,  82). 

ADDITIONAL  PAY   AND   EXTEA-DUTY   PAY. 

582.  Duty   at   recruit   depots. — Hereafter   the   Secretary   of  War   shall   be 
authorized  to  detach  from  the  army  at  large  such  number  of  enlisted  men  as 
may  be  necessary  to  perform  duty  at  the  various  recruit  depots  and  the  United 
States  military  prison,  and  of  the  enlisted  men  so  detached,  and  while  per- 
forming such  duty  there  shall  be  allowed  for  each  depot  and  the  prison  one 
who  shall  have  the  rank,  pay,  and  allowances  of  battalion  or  squadron  sergeant 
major,  and  for  each  recruit  and  prison  company  one  who  shall  have  the  rank, 
pay,  and  allowances  of  first  sergeant,  five  the  rank,  pay,  and  allowances  of 
sergeant,  and  six  the  rank,  pay,  and  allowances  of  corporal,  of  the  arm  of  the 
service  to  which  they  respectively  belong. — Act  of  June  12,  1906    (84  Stat., 


583.  Same;   extended. — Hereafter  one  of  the  enlisted  men   detached  from 
the  Army  at  large  for  duty  at  each  of  the  recruit  depots  under  the  provisions 
of  the  act  of  June  twelfth,  nineteen  hundred  and  six,  shall,  while  so  detached, 
have  the  rank,  pay,  and  allowances  of  a  regimental  sergeant  major. — Act  of 
Aug.  29,  1916  (39  Stat.,  624). 

584.  Receiving  twenty  per  centum  increase  in  pay  proper,  not  .entitled  to. — 
Enlisted  men  receiving  or  entitled  to  the  twenty  per  centum  increase  of  pay 
herein  authorized,  shall  not  be  entitled  to  or  receive  any  additional  increased 
compensation  for  what  is  known  as  extra  or  special  duty. — Act  of  Mar.  2, 
1901   (31  Stat.,  903). 

585.  Constant  labor  of  not  less  than  ten  days'  duration. — When  soldiers  are 
detailed  for  employment  as  artificers  or  laborers  in  the  construction  of  perma- 
nent military  works,  public  roads,  or  other  constant  labor  of  not  less  than 
ten  days'  duration,  such  extra-duty  pay  hereafter  shall  be  at  the  rate  of  fifty 
cents  per  day  for  mechanics,  artisans,  school-teachers,  and  clerks  at  Army, 
division,  and  department  headquarters,  and  thirty-five  cents  per  day  for  other 
clerks,  teamsters,  laborers,  and  other  enlisted  men  on  extra  duty. — Sec.  1287, 
R.  S.,  as  amended  by  act  of  Mar.  3,  1885  (23  Stat.,  359). 

49392* 


104    PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND  MISCELLANEOUS. 

586.  Extra  duty;  details  to  be  in  writing. — Working  parties  of  soldiers  shall 
be  detailed  for  employment  as  artificers  or  laborers,  in  the  construction  of 
permanent  military  works  or  public  roads,  or  in  other  constant  labor  only 
upon  the  written  order  of  a  commanding  officer,  when  such  detail  is  for  ten 
or  more  days. — Sec.  1235,  R.  S. 

687.  Additional;  when  granted  a  certificate  of  merit. — A  certificate  of  merit 
granted  to  an  enlisted  man  for  distinguished  service  shall  entitle  him,  from  the 
date  of  such  service,  to  additional  pay  at  the  rate  of  two  dollars  per  month 
while  he  is  in  the  military  service,  although  such  service  may  not  be  con- 
tinuous.— Sec.  1285,  R.   S.,  as  amended   by  sec.  2,   act  of  Feb.  9,  1891    (26 
Stat.,  737). 

688.  Privates,  first  class,  of  the  Medical  Department,  acting  as  dispensary 
assistants,    nurses,    surgical    assistants,    etc. — Privates,    first    class,    of    the 
Medical  Department  shall  be  eligible  for  rating  for  additional  pay  as  follows: 
As  dispensary  assistant,  two  dollars  a  month ;  as  nurse,  three  dollars  a  month ; 
as  surgical  assistant,  five  dollars  a  month :  Provided,  That  no  enlisted  man  shall 
receive  more  than  one  rating  for  additional  pay  under  the  provisions  of  this 
section,  nor  shall  any  enlisted  man  receive  any  additional  pay  under  such  rating 
unless  he  shall  have  actually  performed  the  duties  for  which  he  shall  be 
rated.— Sec.  10,  act  of  June  S,  1916  (39  Stat.,  173). 

689.  Mess  sergeants. — Mess  sergeants  shall  receive  six  dollars  per  month  in 
addition  to  their  pay.— Act  of  May  11, 1908  (85  Stat.,  109). 

NOTE. — This  additional  pay  is  not  payable  to  soldiers  serving  in  organizations  for 
which  the  law  provides  a  grade  of  mess  sergeant. 

690.  Enlisted  men  qualifying  as  marksmen. — Hereafter  enlisted  men  now 
qualified  or  hereafter  qualifying  as  marksmen  shall  receive  two  dollars  per 
month ;  as  sharpshooters,  three  dollars  per  month ;  as  expert  riflemen,  five  dol- 
lars per  month ;  as  second-class  gunners,  two  dollars  per  month ;  as  first-class 
gunners,  three  dollars  per  month ;  as  expert  first-class  gunners,  Field  Artillery, 
five  dollars  per  month;  as  gun  pointers,  gun  commanders,  observers  second 
class,  chief  planters,  and  chief  loaders,  seven  dollars  per  month;  as  plotters, 
observers,  first  class,  casemate  electricians,  and  coxswains,  nine  dollars  per 
month,  all  in  addition  to  their  pay,  under  such  regulations  as  the  Secretary  of 
War  may  prescribe,  but  no  man  shall  receive  at  the  same  time  additional  pay 
for  more  than  one  of  the  classifications  named  in  this  section. — Act  of  May  12, 
1917   (40  Stat.,  45). 

691.  Duty  at  recruiting  stations. — The  Secretary  of  War  is  authorized  to 
detach  from  the  Army  at  large  such  number  of  enlisted  men  as  may  be  neces- 
sary to  perform  duty  at  the  various  recruiting  stations,  and  while  performing 
such  duty  one  member  of  each  party  shall  have  the  rank,  pay,  and  allowances 
of  sergeant,  and  one  the  rank,  pay,  and  allowances  of  corporal  of  the  arm  of 
the  service  to  which  they  respectively  belong. — Sec.  31,  act  of  Feb.  2,  1901 
(SI  Stat.,  756). 

692.  Mess  stewards  and  cooks  at  recruit  depots,  and  instructor  cooks  at 
schools  for  bakers  and  cooks. — Extra-duty  pay  at  rates  to  be  fixed  by  the  Sec- 
retary of  War  for  mess  stewards  and  cooks  at  recruit  depots,  who  are  grad- 
uates of  the  school  for  bakers  and  cooks,  and  instructor  cooks  at  the  schools 
for  bakers  and  cooks. — See  annual  appropriation  acts. 

NOTE. — The  rates  fixed  are  one  dollar  per  day  for  mess  stewards  and  fifty  cents  per  day 
for  cooks. — A.  R.  529. 


PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND  MISCELLANEOUS.    105 

593.  Signal  Service  men. — Signal  Service  men  shall  not  receive  extra-duty 
pay  unless  specially  directed  by  the  Secretary  of  War. — Act  of  June  20,  1878 
(20  Stat.,  219). 

594.  Offices  of  coast  defense  artillery  engineers  and  coast  defense  ordnance 
officers,  and  as  switchboard  operators  at  seacoast  fortifications. — For  extra  pay 
to  enlisted  men  employed  on  extra  duty  for  periods  of  not  less  than  ten  days 
in  the  offices  of  coast  defense  artillery  engineers  and  coast  defense  ordnance 
officers,  and  as  switchboard  operators  at  seacoast  fortifications. — See  annual 
appropriation  acts. 

595.  Switchboard  operators  at  interior  posts. — For  extra  pay  to  enlisted  men 
employed  on  extra  duty  as  switchboard  operators  at  each  interior  post  of  the 
Army. — See  annual  appropriation  acts. 

596.  Enlisted  men  serving  as  stenographic  reporters  at  general  courts-mar- 
tial, courts  of  inquiry,  etc. — Hereafter  enlisted  men  may  be  detailed  to  serve  as 
stenographic  reporters  for  general  courts-martial,  courts  of  inquiry,  military 
commissions,  and  retiring  boards,  and  while  so  serving  shall  receive  extra  pay 
at  the  rate  of  not  exceeding  five  cents  for  each  one  hundred  words  taken  in 
shorthand  and  transcribed,  such  extra  pay  to  be  met  from  the  annual  appropri- 
ation for  expenses  of  courts-martial,  and  so  forth. — Act  of  Aug.  24,  1912   (87 
Stat.,  575). 

597.  Detailed  to  schools. — No  detail  shall  be  made  under  this  act  to  any 
school  unless  it  shall  pay  the  cost  of  commutation  of  quarters  of    *     *     * 
noncommissioned  officers  detailed  thereto  and  the  extra-duty  pay  to  which  they 
may  be  entitled  by  law  to  receive  for  the  performance  of  special  duty — Act  of 
Apr.  21,  1904  (S3  Stat.  225). 

598.  Army   service    detachment,    West    Point. — Hereafter    no    part    of    the 
moneys  appropriated  for  use  of  the  Quartermaster's  Department -shall  be  used 
in  payment  of  extra-duty  pay  for  the  Army  service  men  in  the  Quartermaster's 
Department  of  West  Point— Ac*  of  Mar.  2,  1907  (84  Stat.,  1167). 

599.  Disciplinary  Barracks  Guard;  one  to  have  rank,  pay,  etc.,  of  battalion 
sergeant  major. — In  addition  to  detailing  for  duty  at  said  disciplinary  barracks 
such  number  of  enlisted  men  of  the  Staff  Corps  and  departments  as  he  may 
deem  necessary,  the  Secretary  of  War  shall  assign  a  sufficient  number  of  en- 
listed men  of  the  line  of  the  Army  for  duty  as  guards  at  said  disciplinary  bar- 
racks and  as  noncommissioned  officers  of  the  disciplinary  organizations  herein- 
after authorized.    Said  guards,  and  also  the  enlisted  men  assigned  for  duty  as 
noncommissioned  officers  of  disciplinary  organizations,  shall  be  detached  from 
the  line  of  the  Army,  or  enlisted  for  the  purpose ;  and  said  guards  shall  be  or- 
ganized as  infantry,  with  noncommissioned  officers,  musicians,  artificers,  and 
cooks  of  the  number  and  grades  allowed  by  law  for  infantry  organizations  of 
like  strength :  Provided,  That  at  least  one  of  said  guards  shall  have  the  rank, 
pay,  and  allowances  of  a  battalion  sergeant  major. — Sec.  4,  act  of  Mar.  4,  1915 
(38  Stat.,  1085) . 

600.  Same — Rates   of   pay. — Hereafter   the   extra-duty   pay   to   the   United 
States  disciplinary  barracks  guard  shall  be  at  the  following  rates  per  day: 
Battalion  sergeants  major,  first  sergeants,  mess  sergeants,  supply    sergeants, 


106    PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND   MISCELLANEOUS. 

and  sergeants,  thirty-five  cents;  corporals,  thirty  cents;  cooks  and  mechanics, 
privates  first  class,  privates,  and  buglers,  twenty  cents. — Act  of  May  12,  1917 
(40  Stat.,  52). 

601.  Extra  pay  to  certain  enlisted  men  employed  on  Washington- Alaska 
cable  and  telegraph  system. — Extra  pay  to  enlisted  men  of  the  line  of  the  Army 
and  to  enlisted  men  of  the  Quartermaster  Corps,  Medical  Department  and  of 
the  Signal  Corps  employed  in  the  Territory  of  Alaska  on  the  Washington- Alaska 
cable  and  telegraph  systems  for  periods  of  not  less  than  ten  days  at  the  rate 
of  thirty-five  cents  per  day. — Annual  appropriation  act. 

ALLOTMENTS    OF    PAY. 

602.  Authority   for  making   allotments   of  pay. — The   Secretary   of  War  is 
hereby  authorized  to  permit,  under  such  regulations  as  he  may  prescribe,  any 

*  *     *     enlisted  man  on  the  active  list  of  the  Army,  any  retired     *     *     *     en- 
listed man  of  the  Army  on  active  duty     *     *     *     to  make  allotments  of  his 
pay  for  the  support  of  his  wife,  children,  or  dependent  relatives,  or  for  such 
other  purposes  as  the  Secretary  of  War  may  deem  proper. — Act  of  Oct.  6,  1917 
(40  Stat.,  385). 

603.  Credit   to   disbursing   officers   for  payment   of. — Allotments   of   pay   of 

*  *     *     enlisted  men     *     *     *     that  have  been  or  shall  be  paid  to  desig- 
nated allotees  previous  to  the  receipt  by  disbursing  officer  of  notice  of  dis- 
continuance of  the  same  from  the  officer  required  by  regulations  to  furnish 
such  notice  shall  pass  to  the  credit  of  the  disbursing  officer  who  has  made  or 
shall  make  such  payments. — Ibid. 

604.  Erroneous  payments  to  be  collected  from  responsible  officers. — If  erron- 
eous payment  is  made  because  of  the  failure  of  an  officer  to  report,  in  the  man- 
ner prescribed  by  the  Secretary  of  War,  the  death  of  the  grantor,  or  any  fact 
which  renders  the  allotment  not  payable,  then  the  amount  of  such  erroneous 
payment  shall  be  collected  by  the  Quartermaster  General  from  the  officer  who 
fails  to  make  such  report,  if  such  collection  is  practicable.     Nothing  herein 
shall  be  construed  to  invalidate  allotments  now  in  force. — Ibid. 

ASSIGNMENTS   OF  PAY. 

605.  Prior  to  discharge,  not  authorized. — No  assignment  of  pay  by  a  non- 
commissioned officer  or  private,  previous  to  his  discharge,  shall  be  valid. — 
Sec.  1291,  R.  S. 

BONUS   FOB  REENLISTMENT. 

606.  Three  months'  pay,  first  reenlistment. — Hereafter  any  private,  soldier, 
musician,  or  trumpeter  honorably  discharged  at  the  termination  of  his  first 
enlistment,  who  reenlists  within  three  months  of  the  date  of  said  discharge 
shall,  upon  such  enlistment,  receive  an  amount  equal  to  three  months'  pay  at 
the  rate  he  was  receiving  at  the  time  of  his  discharge. — Act  of  May  11,  1908 
(35  Stat.,  110). 

BOUNTY  FOB  BEENLISTMENT  IN  TIME  OF  WAS. 

607.  Computation  of  amounts  for  reenlistment  in  the  line  of  the  Army,  or  in 
the  Signal,  Medical,  or  Quartermaster  Departments. — For  the  purpose  of  util- 
izing as  an  auxiliary  to  the  Regular  Army  Reserves  the  services  of  men  who 


PAY  AND  ALLOWANCES   OF   THE   ARMY,  AND   MISCELLANEOUS.    107 

have  had  experience  and  training  in  the  Regular  Army,  or  in  the  United  States 
Volunteers,  outside  of  the  continental  limits  of  the  United  States,  in  time  of 
actual  or  threatened  hostilities,  and  after  the  President  shall  by  proclamation 
have  called  upon  honorably  discharged  soldiers  of  the  Regular  Army  to  present 
themselves  for  reenlistme*nt  therein  within  a  specified  period,  subject  to  such 
conditions  as  may  be  prescribed,  any  person  who  shall  have  been  discharged 
honorably  from  said  Army,  with  character  reported  as  at  least  good,  and  who, 
having  been  found  physically  qualified  for  the  duties  of  a  soldier,  if  not  over 
fifty  years  of  age,  shall  reenlist  in  the  line  of  said  Army,  or  in  the  Signal, 
Quartermaster,  or  Medical  Department  thereof,  within  the  period  that  shall 
be  specified  in  said  proclamation,  shall  receive  on  so  reenlisting  a  bounty  which 
shall  be  computed  at  the  rate  of  $8  for  each  month  for  the  first  year  of  the 
period  that  shall  have  elapsed  since  his  last  discharge  from  the  Regular  Army 
and  the  date  of  his  reenlistment  therein  under  the  terms  of  said  proclamation ; 
at  the  rate  of  $6  per  month  for  the  second  year  of  such  period ;  at  the  rate  of  $4 
per  month  for  the  third  year  of  such  period ;  and  at  the  rate  of  $2  per  month 
for  any  subsequent  year  of  such  period ;  but  no  bounty  in  excess  of  $300  shall 
be  paid  to  any  person  under  the  terms  of  this  section. — Sec.  34,  act  of  June  3, 
1916  (S9  Stat.,188). 

CLOTHING  ALLOWANCE. 

608.  Settlement  of. — The  money  value  of  all  clothing  overdrawn  by  the  sol- 
dier beyond  his  allowance  shall  be  charged  against  him,  every  six  months,  on 
the  muster  roll  of  his  company,  or  on  his  final  statements  if  sooner  discharged, 
and  he  shall  receive  pay  for  such  articles  of  clothing  as  have  not  been  issued 
to  him  in  any  year,  or  which  may  be  due  to  him  at  the  time  of  his  discharge, 
according  to  the  annual  estimated  value  thereof.     The  amount  due  him  for 
clothing,  when  he  draws  less  than  his  allowance,  shall  not  be  paid  to  him  until 
his  final  discharge  from  the  service. — Sec.  1302,  R.  S. 

609.  Gratuitous  issues  in  case  of  contagious   diseases. — The  Secretary  of 
War  may,  on  the  recommendation  of  the  Surgeon  General,  order  gratuitous 
issues  of  clothing  to  soldiers  who  have  had  contagious  diseases,  and  to  hospital 
attendants  who  have  nursed  them,-  to  replace  any  articles  of  their  clothing 
destroyed  by  order  of  the  proper  medical  officers  to  prevent  contagion. — Sec. 
1298,  R.  S. 

610.  Clothing  allowance  of  sergeants  of  ordnance. — Sergeants  of  ordnance 
shall  receive  the  same  allowance  of  clothing  as  other  sergeants  in  like  staff 
departments— Ac*  of  July  16,  1892  (27  Stat.,  178). 

611.  Issue  of  clothing  to  discharged  military  convicts. — Every  prisoner,  upon 
being  discharged  from  prison,  shall  be  furnished  with  decent  clothing. — Sec. 
1355,  R.  S. 

612.  Gratuitous  issue  of  suit  of  clothing,  not  exceeding  ten  dollars,  to  dis- 
charged ,military  prisoners. — For  a  suit  of  citizen's  outer  clothing,  to  cost  not 
exceeding  ten  dollars,   to  be  issued  upon  release  from  confinement  to  each 
prisoner  who  has  been  confined  under  a  court-martial  sentence  involving  dis- 
honorable discharge. — Annual  appropriation  acts. 

613.  Donation  of  five  dollars  to  each  dishonorably  discharged  military  pris- 
oner.— For  a  donation  of  five  dollars  to  each  dishonorably  discharged  prisoner 
upon  his  release  from  confinement,  under  court-martial  sentence,  involving  dis- 
honorable discharge. — Annual  appropriation  acts. 


108    PAY  AND  ALLOWANCES   OF   THE   ARMY,   AND    MISCELLANEOUS. 

614.  Indemnity  for  clothing  and  bedding  destroyed  for  sanitary  reasons. — 
For  indemnity  to  officers  and  men  of  the  Army  for  clothing  and  bedding,  and 
so  forth,   destroyed   since  April  twenty-second,  eighteen  hundred   and  ninety - 
eight,  by  order  of  medical  officers  of  the  Army  for  sanitary  reasons.— Annual 
appropriation  acts. 

('[.OTII  INC,    Ai  TKKATION    OF. 

615.  Authority  for;  amount  to  be  deducted  from  pay,  etc. — It  shall  be  lawful 
for  the  commanding  officer  of  each  regiment,  whenever  it  may  be  necessary,  to 
cause  the  coats,  vests,  and  overalls  or  breeches  which  may  from  time  to  time 
be  issued  to  and  for  his  regiment  to  be  altered  and  new-made,  so  as  to  better 
to  fit  them  to  the  persons,  respectively,  for  whose  use  they  shall  be  delivered; 
and  for  defraying  the  expense  of  such  alterations  to  cause  to  be  deducted  and 
applied  out  of  the  pay  of  such  persons  a  sum  or  sums  not  exceeding  twenty- 
five  cents  for  each  coat,  eight  cents  for  each  vest  and  for  each  pair  of  overalls 
or  breeches. — Sec.  1220,  R.  8. 

616.  Limit  of  cost  for  altering  and  fitting  clothing. — Hereafter  the  regimental 
price  fixed  for  altering  and  fitting  soldiers'  clothing  shall  not  exceed  the  cost 
of  making  the  same  at  the  clothing  depots. — Act  of  Mar.  2,  1889  (25  Stat.,  831). 

COMMUTATION    OF    ALLOWANCES. 

617.  Of  quarters,   etc.,  where  no  public  quartern  arc  artiUabh: — Hereafter, 
at  places  where  there  are  no  public  quarters  available,  commutation  for  the 
authorized  allowance  therefor  shall  be  paid     *     *     *     when  specifically  author- 
ized by  the  Secretary  of  War,  to  enlisted  men  at  the  rate  of  $15  per  month,  or 
in  lieu  thereof  he  may,  in  his  discretion,  rent  quarters  for  the  use  of  said 
enlisted  men  when  so  on  duty. — Act  of  Mar.  ',,  191.1  <  ,?,s  totfit..  1069). 

618.  Same — Signal  Service,  Arctic  region*. — The  allowance  for  commutation 
of  quarters     *     *     *     shall  be,     *     *     *     for     *     *     *     enlisted  men   of  the 
Signal  Service  serving  in  the  Arctic  regions,  the  same  in  amount  as  though 
they  were  serving  in  Washington,  District-  of  Columbia. — Act  of  June  30,  1882 
(22  Stat.,  118). 

619.  Of  quarters,  heat  and  light. — For  commutation  of  quarters  and  of  heat 
and  light  to  *     *     *     enlisted  men  on  duty  at  places  where  no  public  quarters 
are  available. — Annual  appropriation  acts. 

620.  Of  rations. — Of  the  regulation  allowances  of  commutation  in  lieu  of 
rations  to  enlisted  men  of  furlough,  enlisted  men     *     *     *     when  stationed 
at  places  where  rations  in  kind  can  not  be  economically  issued,  and  when 
traveling  on  detached  duty  where  it  is  impracticable  to  carry  rations  of  any 
kind,  enlisted  men  selected  to  contest  for  places  or  prizes  in  departments  and 
Army  rifle  competition  while  traveling  to  and  from  places  of  contest     * 
applicants  for  enlistment,  and  general  prisoners  while  traveling  under  orders 
Annual  appropriation  acts. 

DEPOSITS    MADE   BY   ENLISTED    MEN. 

621.  Authority  for;  method  of  making  and  keeping,  etc.— Any  enlisted  man 
of  the  Army  may  deposit  his  savings,  in  sums  not  less  than  five  dollars,  with 
any  Army  paymaster,  who  shall  furnish  him  a  deposit  book,  in  which  shall 
be  entered  the  name  of  'the  paymaster  and  of  the  soldier,  and  the  amount,  date, 


PAY  AND  ALLOWANCES   OF    THE   ARMY,   AND   MISCELLANEOUS.    109 

and  place  of  such  deposit.  The  amount  so  deposited  shall  be  accounted  for  in 
the  same  manner  as  other  public  funds,  and  shall  be  deposited  in  the  Treasury 
of  the  United  States  and  kept  as  a  separate  fund,  known  as  pay  of  the  Army 
deposit  fund,  repayment  of  which  to  the  enl'.sted  man  on  discharge  from  the 
service  shall  be  made  out  of  the  fund  created  by  said  deposits,  and  shall  not 
be  subject  to  forfeiture  by  sentence  of  courts-martial,  but  shall  be  forfeited 
\}y  desertion,  and  shall  not  be  permitted  to  be  paid  until  final  payment  on  dis- 
charge, or  to  the  heirs  or  representatives  of  a  deceased  soldier,  and  that  such 
deposits  be  exempt  from  liability  for  such  soldiers'  debts:  Provided,  That  the 
Government  shall  be  liable  for  the  amount  deposited  to  the  person  so  deposit- 
ing the  same. — Sec.  1305,  R.  8.,  as  amended  by  act  of  June  12,  1906  (34 
Stat.,  2>,6). 

622.  Interest   on   five    dollars    or   over. — For   any   sums    not   less    than    five 
dollars  so  deposited  for  the  period  of  six  months  or  longer,  the  soldier  on  his 
final   discharge,   shall   be  paid   interest   at  the  rate  of  four  per  centum  per 
annum. — Sec.  1306,  R.  S. 

623.  Regulations  to  be  prescribed  by  Secretary  of  War. — The  system  of  de- 
posits herein  established  shall  be  carried  into  execution  under  such  regulations 
as  may  be  established  by  the  Secretary  of  War. — Sec.  1307,  R.  S. 

DISCHARGE HONORABLE. 

624.  Travel  pay. — On  and  after  July  first,  nineteen  hundred  and  sixteen,  an 
enlisted  man  when  discharged  from  the  service,  except  by  way  of  punishment 
for  an  offense,  shall  receive  3£  cents  per  mile  from  the  place  of  his  discharge  to 
the  place  of  his  acceptance  for  enlistment,  enrollment,  or  original  muster  into 
the  service,  at  his  option :  Provided,  That  for  sea  travel  on  discharge  transpor- 
tation and  subsistence  only  shall  be  furnished  to  enlisted  men. — Sec.  126,  act  of 
June  3,  1916  (39  Stat.,  217). 

625.  By  purchase. — When  an  enlisted  man  is  discharged  by  purchase  while 
in  active  service  he  shall  be  furloughed  to  the  Regular  Army  Reserve,  unless, 
in  the  discretion  of  the  Secretary  of  War,  he  is  given  a  final  discharge  from  the 
Armj.—Scc.  29,  act  of  June  3,  1916  (39  Stat.,  187). 

626.  Dependent  family. — When  by  reason  of  death  or  disability  of  a  mem- 
ber of  the  family  of  an  enlisted  man  occurring  after  his  enlistment  members 
of  his  family  become  dependent  upon  him  for  support,  he  may,  in  the  discre- 
tion of  the  Secretary  of  War,  be  discharged  from  the  service  of  the  United 
States  or  be  furloughed  to  the  Regular  Army  Reserve,  upon  due  proof  being 
made  of  such  condition. — Ibid. 

627.  Same. — The  President  may  provide  for  the  discharge  of  any  or  all 

enlisted  men  whose  status  with  respect  to  dependents  renders  such  discharge 
advisable. — Sec.  7,  act  of  Maij  /,S.  I!)  17  (',<)  tftnt..  HI). 

628.  At  termination  of  war  of  1917. — That  all  persons  who  have  enlisted 
since  April  first,  nineteen  hundred  and  seventeen,  either  in  the  Regular  Army 
or  in  the  National  Guard,  and  all  persons  who  have  enlisted  in  the  National 
Guard  since  June  third,  nineteen  hundred  and  sixteen,  upon  their  application, 
shall  he  discharged  upon  the  termination  of  the  existing  emergency. — Ibid. 


110    PAY  AND  ALLOWANCES   OF   THE   ARMY,  AND   MISCELLANEOUS. 
DISCHAKGE DISHONOBABLE. 

629.  Pay  and  allowances  not  to  accrue  while  under  suspended  sentence. — 
Hereafter  pay  and  allowances  shall  not  accrue  to  a  soldier  under  sentence  of 
dishonorable  discharge,  during  such  period  as  the  execution  of  the  sentence  of 
discharge  may  be  suspended  under  authority  of  the  act  of  Congress  approved 
April  twenty-seventh,  nineteen  hundred  and  fourteen,  and  pay  which  has  here- 
tofore been  forfeited  under  such  suspended  sentence  shall  not  be  held  to  have 
accrued  to  the  Soldiers'  Home  under  the  operation  of  section  forty-eight  hundred 
and  eighteen,  Revised  Statutes,  but  shall  be  covered  back  into  the  Treasury  of 
the  United  States.— Act  of  Mar.  4, 1915  (38  Stat.,  1065}. 

DISCHARGE — FINAL. 

680.  How  same  may  be  procured. — No  enlisted  man  in  the  Regular  Army 
shall  receive  his  final  discharge  until  the  termination  of  his  seven-year  term 
of  enlistment  except  upon  reenlistment  as  provided  for  in  this  act  or  as  pro- 
vided by  law  for  discharge  prior  to  expiration  of  term  of  enlistment,  but  when 
an  enlisted  man  is  furloughed  to  the  Regular  Army  Reserve  his  account  shall 
be  closed  and  he  shall  be  paid  in  full  to  the  diite  such  furlough  becomes  effec- 
tive, including  allowances  provided  by  law  foj  discharged  soldiers. — Sec.  29, 
act  of  June  3,  1916  (39  Stat.,  187). 

631.  Men  enlisting  prior  to  Nov.  1,  1916. — Except  upon  reenlistment  after 
four  years'  service  or  as  now  otherwise  provided  for  by  law,  no  enlisted  man 
shall  receive  a  final  discharge  until  the  expir.'itior.  of  his  seven-year  term  of 
enlistment,  including  his  term  of  service  in  the  Army  Reserve,  but  any  such 
enlisted  man  may  be  reenlisted  for  a  further  term  of  seven  years  under  the 
same  conditions  in  the  Army  at  large,  or,  in  the  discretion  of  the  Secretary  of 
War,  for  a  term  of  three  years  in  the  Army  R-sswve ;  and  any  person  who  may 
have  been  discharged  honorably  from  the  Regular  Army,  with  character  re- 
ported as  at  least  good,  and  who  has  been  found  physically  qualified  for  the 
duties  of  a  soldier,  if  not  over  forty-five  years  of  age,  may  be  enlisted  in  the 
Army  Reserve  for  a  similar  term  of  three  years. — Act  of  Aug.  24,  1912  (37 
Stat.,  591). 

EMPLOYMENT. 

682.  Prohibited  from  civil. — Hereafter  no  enlisted  man  in  the  active  service 
of  the  United  States  in  the  Army,  Navy,  and  Marine  Corps,  respectively, 
whether  a  noncommissioner  officer,  musician,  or  private,  shall  be  detailed, 
ordered,  or  permitted  to  leave  his  post  to  engage  in  any  pursuit,  business,  or 
performance  in  civil  life,  for  emolument,  hire,  or  otherwise,  when  the  same 
shall  interfere  with  the  customary  employment  find  regular  engagement  of 
local  civilians  in  the  respective  arts,  trades.  «>r  professions. — Sec.  35,  act  of 
June  3,  1916  (39  Stat.,  188). 

INDIAN    SCOUTS. 

688.  Authority  for  enlistment  of. — The  President  is  authorized  to  enlist  a 
force  of  Indians,  not  exceeding  one  thousand,  who  shall  act  as  scouts  in  the 
Territories  and  Indian  country.  They  shall  be  discharged  when  the  necessity 
for  their  service  shall  cease,  or  at  the  discretion  of  the  department  com- 
mander.— Sec.  1112,  R.  8. 


AND  MISCELLANEOUS.    Ill 

634.  Pay  for  owned  horses.< — A  proportionate  number  of  noncommissioned 
officers  may  be  appointed.    And  the  scouts,  when  they  furnish  their  own  horses 
and  horse  equipment,  shall  be  entitled  to  receive  forty  cents  per  day  for  their 
use  and  risk  so  long  as  thus  employed. — Act  of  Aug.  12,  1876  (19  Stat.,  131). 

NOTE. — Indian  scouts  are  a  part  of  the  Army.    They  are  on  the  same  status 
as  to  all  pay  and  allowances  as  are  other  enlisted  men. 

LENGTH    OF   SERVICE. 

635.  Rate  of,  etc. — Hereafter  any  soldier  honorably  discharged  at  the  ter- 
mination of  an  enlistment  period  who  reenlists  within  three  months  thereafter 
shall  be  entitled  to  continuous-service  pay  as  herein  provided,  which  shall  be 
in  addition  to  the  initial  pay  provided  for  in  this  act  and  shall  be  as  follows, 
namely :  For  those  whose  initial  pay  as  provided  herein  is  thirty-sx  dollars  or 
more  an  increase  of  four  dollars  monthly  pay  for  and  during  the  second  enlist- 
ment, and  a  further  increase  of  four  dollars  for  and  during  each  subsequent 
enlistment  up  to  and  including  the  seventh,  after  which  the  pay  shall  remain  as 
in  the  seventh  enlistment.    For  those  whose  initial  pay  as  provided  for  herein 
is  eighteen,   twenty-one,   twenty-four,   or  thirty  dollars,  an  increase  of  three 
dollars  monthly  pay  for  and  during  the  second  enlistment,  and  a  further  in- 
crease of  three  dollars  for  and  during  each  subsequent  enlistment  up  to  and 
including  the  seventh,  after  which  the  pay  shall  remain  as  in  the  seventh  enlist- 
ment.   For  those  whose  initial  pay  as  provided  for  herein  is  fifteen  and  sixteen 
dollars,  an  increase  of  three  dollars  monthly  pay  for  and  during  the  second  and 
third  enlistments  each,  and  a  further  increase  of  one  dollar  for  and  during  each 
subsequent  enlistment  up  to  and  including  the  seventh,  after  which  the  pay 
shall  remain  as  in  the  seventh  enlistment. — Act  of  May  11,  1908  (85  Stat.,  109), 
amending  sec.  1282  and  1284,  R>  8. 

636.  Period  of  enlistment. — Hereafter  any  soldier  honorably  discharged  at 
the  termination  of  his  first  or  any  succeeding  enlistment  period  who  reenlists 
after  the  expiration  of  three  months  shall  be  regarded  as  in  his  second  enlist- 
ment;  that  an  enlistment  shall  not  be  regarded  as  complete  until  the  soldier 
shall  have  made  good  any  time  lost  during  an  enlistment  period  by  unauthorized 
absences  exceeding  one  day,  but  any  soldier  who  receives  an  honorable  discharge 
for  the  convenience  of  the  Government  after  having  served  more  than  half  of 
his  enlistment  shall  be  considered  as  having  served  an  enlistment  period  within 
the  meaning  of  this  act. — Ibid. 

637.  Continuance  of  warrant. — Any  noncommissioned  officer  discharged  with 
an  excellent  character  shall  be  permitted,  at  the  expiration  of  three  years  in 
the  active  service,  to  reenlist  in  the  organization  from  which  discharged  with  the 
rank  and  grade  held  by  him  at  the  time  of  his  discharge  if  he  reenlists  within 
twenty  days  after  the  date  of  such  discharge. — Sec.  27,  act  of  June  3,  1916  (39 
Stat.,  186). 

638.  Commissioned  service  in  volunteer  organizations  to  be  counted  as  con- 
tinuous service. — All  enlisted  men  of  the  Regular  Army  who  served  as  commis- 
sioned officers  of  United  States  Volunteers  organized  in  eighteen  hundred  and 
ninety-eight  and  eighteen  hundred  and  ninety-nine,  or  who  have  served  or  may 
be  now  serving  as  such  in  the  Porto  Rico  Provisional  Regiment  or  in  the  Philip- 
pine Scouts,  who,  upon  their  muster  out,  have  returned  or  may  return  to  the 
ranks  of  the  Regular  Army,  shall  have  such  period  of  service  counted  as  if  it 
had  been  rendered  as  enlisted  men,  and  that  they  be  entitled  to  all  continuous- 


112     PAY  AND  ALLOWANCES  OF   THE  AKMY,  AND   MISCELLANEOUS. 

service  pay  and  to  count,  in  computing  the  time  necessary  to  enable  them  to 
retire,  as  enlisted  men. — Act  of  Mar.  2,  1903  (32  Stat.,  934). 

639.  Commissioned  service  in  Philippine  Scouts  to  be  counted  as  continuous 
service. — All  enlisted  men  of  the  Regular  Army  who  have  been  appointed  com- 
missioned officers  of  the  Philippine  Scouts  subsequent  to  March  second,  nineteen 
hundred  and  three,  or  who  may  hereafter  be  so  appointed,  and  who,  upon  their 
muster  out,  have  returned  or  may  return  to  the  ranks  of  the  Regular  Army, 
shall  have  such  period  of  service  counted  as  if  it  had  been  rendered  as  enlisted 
men,  and  that  they  be  entitled  to  all  continuous-service  pay  and  to  count,  in  com- 
puting the  time  necessary  to  enable  them  to  retire,  as  enlisted  men. — Act  of 
June  12,  1906  (34  Stat.,  248). 

640.  Number  of  years  to  be  counted  as  an  enlistment  period  in  computing 
continuous-service  pay. — For  all  enlistments  hereafter  accomplished  under  the 
provisions  of  this  act,  four  years  shall  be  counted  as  an  enlistment  period  in 
computing  continuous-service  pay. — Sec.  12,  Act  of  Aug.  24,  1912  (37  Stat.,  590). 

641.  Same. — In  all  enlistments  hereafter  accomplished  under  the  provisions 
of  this  act,  three  years  shall  be  counted  as  an  enlistment  period  in  computing 
continuous-service  pay. — Sec.  27,  act  of  June  3,  1916  (39  Stat.,  186). 

642.  Serving  out  enlistment  period. — That  any  enlisted  man,  subject  to  good 
conduct  and  physical  fitness  for  duty,  upon  his  written  application  to  that 
effect,  shall  have  the  right  of  remaining  with  the  organization  to  which  he 
belongs  until  the  completion  of  his  whole  enlistment,  without  passing  into  the 
reserve.— Sec.  2,  Act  of  Aug.  24,  1912  (37  Stat.,  591). 

643.  Service  as  officer  in  Reserve  Corps,  etc.,  to  be  counted. — Hereafter  any 
enlisted  man  of  the  Army  who  shall  be  discharged  to  enable  him  to  accept  a 
commission  in  the  Officers'  Reserve  Corps,  or  in  any  National  Guard  or  militia 
organization,  or  in  any  volunteer  force  that  may  be  authorized  in  the  future, 
and    who    shall    enlist    in  the    Army    within    three    months    after    the    ter- 
mination of  his  connection  as  an  officer  with  that  corps  or  with  any  organiza- 
tion of  the  National  Guard  or  militia,  or  a  volunteer  force,  or  during  the  con- 
tinuation of  his  connection  therewith,  as  an  officer,  shall,  in  computing  con- 
tinuous-service pay  now  authorized  by  law,  be  entitled  to  credit  for  the  period 
of  time  actually  served  by  him  prior  to  said  discharge,  and  in  computing 
service  for  retirement  and  continuous-service  pay,  service  as  an  officer  of  the 
National  Guard  while  in  the  service  of  the  United  States,  service  in  any  volun- 
teer force,  and. service  in  the  Officers'  Reserve  Corps  in  active  service  shall  be 
counted.— Act  of  May  12,  1917   (40  Stat.,  74). 

644.  Enlistments,  term  of. — On  and  after  November  first,  nineteen  hundred 
and  twelve,  all  enlistments  in  the  Regular  Army  shall  be  for  a  term  of  seven 
years,  the  first  four  years  in  the  service  with  the  organizations  of  which  those 
enlisting  for  a  part  and,  except  as  otherwise  provided  herein,  the  last  three 
years  on  furlough  and  attached  to  the  Army  Reserves  hereinafter  provided 
for.— Sec.  2,  act  of  Aug.  24,  1912  (37  Stat.,  590). 

645.  Same. — On  and  after  the  first  day  of  November,  nineteen  hundred  and 
sixteen,  all  enlistments  in  the  Regular  Army  shall  be  for  a  term  of  seven 
years,  the  first  three  years  to  be  in  the  active  service  with  the  organizations 
of  which  those  enlisted  form  a  part  and,  except  as  otherwise  provided  herein. 


PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND  MISCELLANEOUS.    113 

the  last  four  years  in  the  Regular  Army  Reserve  hereinafter  provided  for. — 
Sec.  27,  act  of  June  3,  1916  (39  Stat.,  186). 

646.  Reenlistments. — At   the   expiration   of  four   years'    continuous   service 
with  such  organizations,  either  under  a  first  or  any  subsequent  enlistment,  any 
soldier  may  be  reenlisted  for  another  period  of  seven  years,  as  above  provided 
for,  in  which  event  he  shall  receive  his  final  discharge  from  his  prior  enlist- 
ment.— Sec.  2,  act  of  Aug.  24,  1912  (37  Stat.,  590). 

647.  Same. — At  the  expiration  of  three  years'  continuous  service  with  such 
organizations,  either  under  a  first  or  any  subsequent  enlistment,  any  soldier 
may  be  reenlisted  for  another  period  of  seven  years,  as  above  provided  for, 
in  which  event  he  shall  receive  his  final  discharge  from  his  prior  enlistment. — 
Sec.  27,  act  of  June  3,  1916  (39  Stat.,  186). 

648.  May  be  furloughed  to  reserve;  when. — Any  enlisted  man,  at  the  expira- 
tion of  three  years'  continuous  service  with  such  organizations,  either  under  a 
first  or  any  subsequent  enlistment,  upon  his  written  application,  may  be  fur- 
loughed and  transferred  to  the  Army  Reserve,  in  the  discretion  of  the  Secre- 
tary of  War,  in  which  event  he  shall  not  be  entitled  to  reenlist  in  the  service 
until  the  expiration  of  his  term  of  seven  years. — Sec.  2,  act  of  Aug.  24,  1912 
(37  Stat.,  590). 

649.  Same. — After  the  expiration  of  one  year's  honorable  service  any  enlisted 
man  serving  within  the  continental  limits  of  the  United  States  whose  company, 
troop,  battery,  or  detachment  commander  shall  report  him  as  proficient  and 
sufficiently  trained,  may,  in  the  discretion  of  the  Secretary  of  War,  be  fur- 
loughed to  the  Regular  Army  Reserve  under  such  regulations  as  the  Secretary 
of  War  may  prescribe,  but  no  man  furloughed  to  the  reserve  shall  be  eligible 
to  reenlist  in  the  service  until  the  expiration  of  his  term  of  seven  years. — 
Sec.  27,  act  of  June  3,  1916  (39  Stat.,  186). 


REMOUNT    DETACHMENTS. 


650.  Authority  for,  at  remount  depots. — Hereafter  from  the  enlisted  force  of 
the  Army  now  provided  by  law,  the  President  may  authorize  the  organization  of 
remount  detachments  at  each  of  the  remount  depots,  and  may  authorize  the 
appointment  therein  of  such  noncommissioned   officers,  mechanics,  artificers, 
farriers,  horseshoers,  and  cooks  as  may  be  necessary  for  the  administration  of 
such  remount  depots :  Provided,  That  nothing  herein  shall  be  so  construed  as  to 
authorize  an  increase  in  the  total  number  of  enlisted  men  of  the  Army  now 
authorized  by  law.— Act  of  Mar.  3,  1911  (36  Stat.,  1049). 

SCHOOL  FOR  BAKERS  AND  COOKS. 

651.  Prizes  for  cooks  and  lakers. — For  providing  prizes  to  be  established 
by  the  Secretary  of  War  for  enlisted  men  of  the  Army  who  graduate  from  the 
Army  schools  for  bakers  and  cooks,  the  total  amount  of  such  prizes  at  the 
various  schools  not  to  exceed  nine  hundred  dollars  per  annum. — Annual  appro- 
priation acts. 

STOPPAGES   OF  PAY. 

652.  Rations  purchased  on  credit. — The  amount  due  from  any  enlisted  man 
for  articles  designated  by  the  inspectors  general  of  the  Army,  and  sold  to  him 


NOTE. — All  men  enlisting  between  Nov.  1,  1912,  and  Oct.  31,  1916,  are  subject  to  the 
provisions  of  the  act  of  Aug.  24,  1912. 

49392—18 8 


114     PAY   AND  ALLOWANCES  OF   THE  ARMY,  AND   MISCELLANEOUS. 

on  credit  by  commissaries  of  subsistence,  shall  be  deducted  from  the  payment 
made  to  him  next  after  such  sale  shall  have  been  reported  to  the  Paymaster 
General.— £ec.  1300,  R.  S. 

653.  For  tobacco  purchased. — The  amount  due  from  any  enlisted  man  for 
tobacco  sold  to  him  at  cost  prices  by  the  United  States  shall  be  deducted  from 
his  pay  in  the  manner  provided  for  the  settlement  of  clothing  accounts. — Sec. 
1301,  R.  S. 

654.  Cost  of  repairs  or  damages  to  arms,  equipments,  etc. — The  cost  of  repairs 
or  damages  done  to  arms,  equipments,  or  implements  shall  be  deducted  from  the 
pay  of  any     *     *     *     soldier  in  whose  care  or  use  the  same  were  when  such 
damage  occurred,  if  said  damages  were  occasioned  by  the  abuse  or  negligence 
of  said     *     *     *     soldier.— Sec.  1303,  R.  S. 

TRAVEL  ALLOWANCE. 

655.  On  discharge. — On  and  after  July  first,  nineteen  hundred  and  sixteen, 
an  enlisted  man  when  discharged  from  the  service,  except  by  way  of  punish- 
ment for  an  offense,  shall  receive  three  and  one-half  cents  per  mile  from  the 
place  of  his  discharge  to  the  place  of  his  acceptance  for  enlistment,  enrollment, 
or  original  muster  into  the  service,  at  his  option. — Sec.  126,  act  of  June  3,  1916 
(39  Stat.,  217). 

656.  Sea  travel,  on  discharge. — For  sea  travel  on  discharge  transportation 
and  subsistence  only  shall  be  furnished  to  enlisted  men. — Ibid. 

RETIRED  ENLISTED  MEN. 

657.  Pay,  etc.,  thirty  years'  service. — When  an  enlisted  man  shall  have  served 
thirty  years  either  in  the  Army,  Navy,  or  Marine  Corps,  or  in  all,  he  shall, 
upon  making  application  to  the  President,  be  placed  upon  the  retired  list,  with 
seventy-five  per  cent  of  the  pay  and  allowances  he  may  then  be  in  receipt  of, 
and  that  said  allowances  shall  be  as  follows :  Nine  dollars  and  fifty  cents  per 
month  in  lieu  of  rations  and  clothing  and  six  dollars  and  twenty-five  cents 
per  month  in  lieu  of  quarters,  fuel,  and  light;  Provided,  That  in  computing 
the  necessary  thirty  years'  time  all  service  in  the  Army,  Navy,  and  Marine 
Corps  shall  be  credited.— Act  of  Mar.  2,  1907  (34  Stat.,  1217). 

668.  Restored  to  active  duty. — And  he  (the  President)  may  also  authorize 
the  employment  on  any  active  duty  of  retired  enlisted  men  of  the  Regular 
Army,  either  with  their  rank  on  the  retired  list  or  in  higher  enlisted  grades, 
and  such  retired  enlisted  men  shall  receive  the  full  pay  and  allowances  of  the 
grades  in  which  they  are  actively  employed. — Act  of  May  18,  1917  (40  Stat., 
81). 

659.  Commutation  of  quarters,  heat  and  light. — For  commutation  of  quar- 
ters and  of  heat  and  light  to     *     *     *     retired  enlisted  men  when  ordered  to 
active  duty. — Annual  appropriation  acts. 

THE  NATIONAL  GUARD. 

660.  Composition  of. — The  National   Guard   shall  consist  of  the  regularly 
enlisted  militia  between  the  ages  of  eighteen  and  forty-five  years,  organized, 
armed,  and  equipped  as  hereinafter  provided,  and  of  commissiom'd  ollicors  be- 
tween the  ages  of  twenty-one  and  sixty-four  ycni-s.--Xrr.  ,58,  act  of  Jwic  .{.  nun 
(39  Stat.,  197). 


PAY  AND  ALLOWANCES  OF   THE   ARMY,  AND  MISCELLANEOUS.    115 

APPROPRIATION  S. 

661.  Appropriation,  apportionment,  and  disbursement  of  funds  for  tin    X<t- 
tional  Guard. — A  sum  of  money  shall  hereafter  be  appropriated  annually,  to  !>»> 
paid  out  of  any  money  in  the  Treasury   not  otherwise  appropriated,   for  the 
support  of  the  National  Guard,  including  the  expense  of  providing  arms,  ord- 
nance stores,  quartermaster  stores,  and  camp  equipage,  and  all  other  military 
supplies  for  issue  to  the  National  Guard,  and  such  other  expenses  pertaining  to 
said   guard   as   are   now   or  may   hereafter   he   authorized   by   law.— »sVr.    /;?. 
ibid.,  199. 

662.  Ratio  of  apportionment  among  the  States  and  Territories. — The  appro- 
priation provided  for  in  this  section  shall  be  apportioned  among  the  several 
States  and  Territories  under  just  and  equitable  procedure  to  be  prescribed  by 
the  Secretary  of  War  and  in  direct  ratio  to  the  number  of  enlisted  men  in  ac- 
tive  service  in  the  National  Guard  existing  in  such  States  and  Territories  at  the 
date  of  apportionment  of  said  appropriation,  and  to  the  District  of  Columbia, 
under  such  regulations  as  the  President  may  prescribe. — Ibid. 

663.  Purposes   for    which    available. — The    sum    so    apportioned    among   the 
several   States,  Territories,  and  the  District  of  Columbia  shall   be  available 
under  such  rules  as  may  be  prescribed  by  the  Secretary  of  War  for  the  actual 
and  necessary  expenses  incurred  by  officers  and  enlisted  men  of  the  Regular 
Army  when  traveling  on  duty  in  connection  with  the  National  Guard;  for  the 
transportation  of  supplies  furnished  to  the  National  Guard  for  the  permanent 
equipment  thereof;  for  office  rent  and  necessary  office  expenses  of  officers  of 
the  Regular  Army  on  duty  with  the  National  Guard ;  for  the  expenses  of  the 
Militia  Bureau,  including  clerical  services,  now  authorized  for  the  Division  of 
Militia  Affairs;  for  expenses  of  enlisted  men  of  the  Regular  Army  on  duty 
with  the  National  GuaVd,  including  quarters,  fuel,  light,  medicines,  and  medical 
attendance ;  and  such  expenses  shall  constitute  a  charge  against  the  whole  sum 
annually  appropriated  for  the  support  of  the  National  Guard,  and  shall  be  paid 
therefrom  and  not  from  the  allotment  duly  apportioned  to  any  particular  State, 
Territory,  or  the  District  of  Columbia ;  for  the  promotion  of  rifle  practice,  in- 
cluding the  acquisition,  construction,  maintenance,  and  equipment  of  shooting- 
galleries  and  suitable  target  ranges ;  for  the  hiring  of  horses  and  draft  animals 
for  the  use  of  mounted  troops,  batteries,  and  wagons ;  for  forage  for  the  same ; 
and  for  such  other  incidental  expenses  in  connection  with  lawfully  authorized 
encampments,  maneuvers,  and  field  instruction  as  the  Secretary  of  War  may 
deem  necessary,  and  for  such  other  expenses  pertaining  to  the  National  Guard 
as  are  now  or  may  hereafter  be  authorized  by  law. — Ibid. 

664.  Disbursements  and  accounting. — All  amounts  appropriated  for  the  pur- 
pose of  this  and  the  last  preceding  section  shall  be  disbursed  and  accounted  for 
by  the  officers  and  agents  of  the  Quartermaster  Corps  of  the  Army,  and  all  dis- 
bursements under  the  foregoing  provisions  of  this  section  shall  be  made  as  soon 
as  practicable  after  the  thirty-first  day  of  December  and  the  thirtieth  day  of 
June  of  each  year  upon  pay  rolls  prepared  and  authenticated  in  the  manner  to 
be  prescribed  by  the  Secretary  of  War. — Sec.  110,  ibid. 

DISCHARGE. 

665.  Of  enlisted  metis — An  enlisted  man  discharged  from  service  in  the  Na- 
tional Guard  shall  receive  a  discharge  in  writing  in  such  form  and  with  such 
classification  as  is  or  shall  be  prescribed  for  the  Regular  Army,  and  in  time 


116     PAY   AXD  ALLOWANCES   OF   THE   ARMY,   AND   MISCELLANEOUS. 

of  peace  discharges  may  be  given  prior  to  the  expiration  of  terms  of  enlistment 
under  such  regulations  as  the  President  may  prescribe.—  Sec.  72,  act  of  June  8, 
1'JliJ  (33  Mat.,  201). 


Of  officers,  for  unfitness. — At  any  time  the  moral  character,  capacity, 
and  general  fitness  for  the  service  of  any  National  Guard  officer  may  be  de- 
termined by  an  efficiency  board  of  three  commissioned  officers,  senior  in  rank 
to  the  officer  whose  fitness  for  service  shall  be  under  investigation,  and  if  the 
findings  of  such  board  be  unfavorable  to  such  officer  and  be  approved  by  the 
official  authorized  to  appoint  such  an  officer,  he  shall  be  discharged. — Sec. 
77,  ibid. 

667.  For  other  causes;  attached  to  reserve. — Commissions  of  officers  of  the 
National  Guard  may  be  vacated  upon  resignation,  absence  without  leave  for 
three  months,  upon  the  recommendation  of  an  efficiency  board,  or  pursuant  to 
sentence  of  a  court-martial.     Officers  of  said  guard  rendered  surplus  by  the  dis- 
bandment  of  their  organizations  shall  be  placed  in  the  National  Guard  Re- 
serve.    Officers  may,  upon  their  own  application,  be  placed    in    the  ,snid    re- 
serve.— Ibid. 

DISTRICT    OF    COLUMBIA. 

668.  Allowance  to  officers  for  clothing  and  equipment. — There  may  be  paid 
to  all  commissioned  officers  (without  discrimination,  and  in  lieu  of  the  limited 
pay  authorized  by  this  section)   an  allowance  to  be  used  by  them  in  the  pur- 
chase and  maintenance  of  clothing  and  equipment. — Act  of  Mar.  2,  1911    (36 
Stat.,  1004). 

669.  Pay  for  active  service  in  case  of  riot,  etc. — Whenever   the  National 
Guard  of  the  District  of  Columbia  shall  be  ordered  to  duty  in  case  of  riot, 
tumult,  breach  of  the  peace,  or  whenever  called  in  aid  of  the  civil  authorities, 
all  enlisted  men  who  do  duty  shall  be  paid  at  the  rate  equivalent  to  two  times 
the  pay  of  enlisted  men  of  the  Regular  Army  of  like  grade.     Commissioned 
officers  who  do  duty  shall  be  entitled  to  and  shall  receive  the  same  pay  and 
allowances  as  commissioned  officers  of  like  grade  of  the  Regular  Army.    Each 
mounted  officer  arid  enlisted  man  shall  be  paid  a  reasonable  per  diem  com- 
pensation for  each  horse  actually  furnished  and  used  by  him. — Sec.   53,  ad 
of  Feb.  18,  1909  (35  Stat.,  634). 

670.  Pay  for  active  service  icith  Regular  Army. — When  the  National  Guard 
of  the  District  of  Columbia  is  called  into  the  actual  service  of  the  United  States 
the  officers  and  enlisted  men  shall,  during  their  time  of  service,  be  entitled  to  the 
same  pay  and  allowances  as  are  or  may  be  provided  by  law  for  the  Regular 
Army. — Ibid. 

671.  Pay  to  members  of  bands  during  annual  t-nctmiiJiHcnt  and  on  dayx  of 
parades. — During  the  annual  encampment,  and  on  every  duty  on  parade  ordered 
by  the  commanding  general,  there  shall  be  allowed  and  paid  for  each  day  of 
service :  To  each  member  of  the  regularly  enlisted  bands,  four  dollars ;  to  the 
chief  musicians,  eight  dollars ;  and  to  the  principal  musicians,  six  dollars.    In 
event  there  is  no  enlisted  band  or  field  music,  or  not  a  sufficient  number  of 
either,  the  commanding  general  may  authorize  the  employment  of  such  as  he 
may  deem  necessary  for  the  occasion :  Provided,  That  the  total  pay  of  enlisted 
musicians  shall  not  in  any  event  exceed  the  rates  authorized  by  this  section. — 
Sec.  64,  act  of  Feb.  18,  1909  (35  Stat.,  635). 


PAY  AND  ALLOWANCES   OF    THE   AEMY,   AND  MISCELLANEOUS.    117 

672.  Uniforms  and  equipments  to  be  issued  from  Army  stores. — Every  organi- 
zation of  the- National  Guard  (District  of  Columbia)  shall  be  provided  with  such 
ordnance  and  ordnance  stores,  clothing,  camp  and  garrison  equipage,  quarter- 
master's stores,  medical  supplies,  and  other  military  stores  as  may  be  necessary 
for  the  proper  training  and  instruction  of  the  force  and  for  the  proper  perform- 
ance of  the  duties  required  under  this  act.     Such  property  shall  be  issued  from 
the  stores  and  supplies  appropriated  for  the  use  of  the  Army,  upon  the  approval 
and  by  the  direction  of  the  Secretary  of  War. — Sec.  31,  act  of  Mar.  J.,  1889 
(25  Stat.,  776). 

673.  Subsistence  during  annual  encampments,  etc. — During  the  annual  en- 
campment, or  when  ordered  on  duty  to  aid  the  civil  authorities,  the  National 
Guard  (District  of  Columbia)  shall  be  furnished  with  subsistence  stores  of  the 
kind,  quality,  and  amount  allowed  and  prescribed  by  the  Army.     Such  stores 
shall  bo  issued  from  the  stores  and  supplies  appropriated  for  the  use  of  the 
Army,  upon  the  approval  and  by  the  direction  of  the  Secretary  of  War,  to  the 
commanding  general  upon  bis  requisitions  for  the  same. — Act  of  Mar.  1,  1889 
(.? .7  Xf«YM  780). 

i:\r\MPMK.VrS    AM)    .MA.NKl  VKRS. 

674.  Participation  in  Anny,  etc.— Under  such  regulations  as  the  President 
may  prescribe,  the  Secretary  of  War  is  authorized  to  provide  for  the  participa- 
tion of  the  whole  or  any  part  of  the  National  Guard  in  encampments,  maneu- 
vers, or  other  exercises,  including  outdoor  target  practice,  for  field  or  coast- 
deferise  instruction,  either  independently  or  in  conjunction  with  any  part  of  the 
Regular  Array. — Sec.  94,  act  of  June  3,  1916  (39  Stat.,  206). 

675.  Allotment  for  expenses  of. — There  may  be  set  aside  from  the  funds  ap- 
propriated for  that  purpose  and  allotted  to  any  State,  Territory,  or  the  District 
of  Columbia  such  portion  of  said  funds  as  may  be  necessary  for  the  payment, 
subsistence,   transportation,  and   other  proper  expenses  of  such  portion  of  the 
National  Guard  of  such  State.  Territory,  or  the  District  of  Columbia,  as  shall 
participate  in  such  encampments,  maneuvers,  or  other  exercises,  including  out- 
door target  practice,  for  field  and  coast-defense  instruction. — Ibid. 

676.  Pay,  etc. — The  officers  and  enlisted  men  of  such  National  Guard  while 
so  engaged  shall  be  entitled  to  the  same  pay,  subsistence,  and  transportation  as 
officers  and  enlisted  men  of  corresponding  grades  of  the  Regular  Army  are  or 
hereafter  may  be  entitled  by  law. — Tbid. 

677.  Pay,   etc.,   attending   '\ationa1   Guard  instruction   camps. — Officers  and 
enlisted  men  attending  such  camps  shall  be  entitled  to  pay  and  transportation, 
and  enlisted  men  to  subsistence  in  addition,  at  the  same  rates  as  for  encamp- 
ments or  maneuvers  for  field  or  coast-defense  instruction. — Sec.  97,  ibid. 

678.  Payment*  to  be  made  any  time  after  muster. — When  any  portion  of  the 
National  Guard  shall  participate  in  encampments,  maneuvers,  or  other  exercises, 
including  outdoor  target  practice,  for  field  or  coast-defense  instruction,  under 
the  provisions  of  this  act,  it  may,  after  being  duly  mustered,  be  paid  at  any  time 
after  such  muster  for  the  period  from  the  date  of  leaving  the  home  rendezvous 
to  date  of  return  thereto  as  determined  in  advance,  both  dates  inclusive;  and 
such  payment,  if  otherwise  correct,  shall  pass  to  the  credit  of  the  disbursing 
officer  making  the  same.— Pec.  98.  ibid. 


118     PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND   MISCELLANEOUS. 

679.  Reduced  rates  by  common  carriers  permitted. — Hereafter  nothing  in  the 
act  of  February  fourth,  eighteen  hundred  and  eighty -seven,  known  as  the  act 
to  regulate  commerce  or  any  amendments  thereto,  shall  be  construed  to  prohibit 
any  common  carrier  from  giving  reduced  rates  for  members  of  National  Guard 
organizations    traveling    to    and    from    joint    encampments    with    the    Regular 
Army.— Sec.  1,  act  of  Aug.  29,  1916  (39  Stat.,  646). 

EQUIPMENT   AND   UNIFORMS. 

680.  To   be  .the  same  as  for  Regular  Army.< — The  National  Guard  of  the 
United  States  shall,  as  far  as  practicable,  be  uniformed,  armed,  and  equipped 
with  the  same  type  of  uniforms,  arms,  and  equipments  as  are  or  shall  be  pro- 
vided for  the  Regular  Army.— Sec.  82,  act  of  June  3,  1916  (39  Stat.,  203). 

681.  Authority  for  purchase  and  issue  of. — The  Secretary  of  War  is  hereby 
authorized  to  procure,  under  such  regulations  as  the  President  may  prescribe, 
by  purchase  or  manufacture,  within  the  limits  of  available  appropriations  made 
by  Congress,  and  to  issue  from  time  to  time  to  the  National  Guard,  upon  requisi- 
tion of  the  governors  of  the  several  States  and  Territories  or  the  commanding 
general  of  the  National  Guard  of  the  District  of  Columbia,  such  number  of 
United  States  service  arms,  with  all  accessories,  field-artillery  material,  engi- 
neer, coast  artillery,  signal,  and  sanitary  material,  accouterments,   field  uni- 
forms, clothing,  equipage,  publications,  and  military  stores  of  all  kinds,  includ- 
ing public  animals,  as  are  necessary  to  arm,  uniform,  and  equip  for  field  service 
the  National  Guard  in  the  several  States,  Territories,    and    the    District  of 
Columbia. — Sec.  83,  ibid. 

682.  Provision  for  protection,  care,  etc.,  of. — That  as  a  condition  precedent 
to  the  issue  of  any  property  as  provided  for  by  this  act,  the  State,  Territory, 
or  the  District  of  Columbia  desiring  such  issue  shall  make  adequate  provision, 
to  the  satisfaction  of  the  Secretary  of  War,  for  the  protection  and  care  of  such 
property. — Ibid. 

683.  New  types  to  be  furnished  without  charge. — Under  such  regulations  as 
the  President  may  prescribe,  whenever  a  new  type  of  equipment,  small  arm, 
or  field  gun  shall  have  been  issued  to  the  National  Guard  of  the  several  States, 
Territories,  and  the  District  of  Columbia  such  equipment,   small  arms,   and 
field  guns,  including  all  accessories,  shall  be  furnished  without  charging  the 
cost  or  value  thereof  or  any  expense  connected  therewith  against  the  appropria- 
tions provided  for  the  support  of  the  National  Guard. — Sec.  84,  ibid. 

684.  Replacing  prior,  etc.,  issues. — Each  State,  Territory,  and  the  District  of 
Columbia  shall,  on  the  receipt  of  new  property  issued  to  replace  obsolete  or 
condemned  prior  issues,  turn  in  to  the  War  Department  or  otherwise  dispose 
of,  in  accordance  with  the  directions  of  the  Secretary  of  War,  all  property  so 
replaced  or  condemned,   and  shall  not   receive  any  money   credit  therefor. — 
Sec.  85,  ibid. 

685.  Disposition  and  replacement  of  damaged  property. — All  military  prop- 
erty   issued    to    the    National    Guard    as    herein    provided    shall    remain    the 
property    of    the    United    States.      Whenever    any    such    property    issued    to 
the   National    Guard   in   any    State   or   Territory   or   the   District   of   Colum- 
bia   shall    have   been    lost,    damaged,    or    destroyed,    or   become    unserviceable 
or  unsuitable  by  use  in  service  or  from  any  other  cause,  it  shall  be  examined 
by   a    disinterested   surveying  officer   of  the   Regular   Army   or   the   National 


AND   MISCELLANEOUS.    119 

Guard,  detailed  by  the  Secretary  of  War,  and  the  report  of  such  surveying 
officer  shall  be  forwarded  to  the  Secretary  of  War,  or  to  such  officer  as  he 
shall  designate  to  receive  such  reports. — Sec.  87,  ibid. 

686.  Credit  allowed  for  lost,  damaged,  or  destroyed  property;  ichcn. — And 
if  it  shall  appear  to  the  Secretary  of  War  from  the  record  of  survey  that 
the  property  was  lost,  damaged,  or  destroyed  through  unavoidable  causes,  he 
is  hereby  authorized  to  relieve  the  State  or  Territory  or  the  District  of  Colum- 
bia from  further  accountability  therefor. — Ibid. 

687.  Payment  for  loss,  if  due  to  carelessness,  etc. — If  it  shall  appear  that  the 
loss,  damage,  or  destruction  of  property  was  due  to  carelessness  or  neglect,  or 
that  its  loss,  damage,  or  destruction  could  have  been  avoided  by  the  exercise 
of  reasonable  care,  the  money  value  of  such  property  shall  be  charged  to  the 
accountable  State,  Territory,  or  District  of  Columbia,  to  be  paid  from  State, 
Territory,  or  District  funds,  or  any  funds  other  than  Federal. — Ibid. 

688.  Disposal,  etc.,  of  unserviceable;  allowance  for. — If  the  articles  so  sur- 
veyed are  found  to  be  unserviceable  or  unsuitable,  the  Secretary  of  War  shall 
direct  what  disposition,  by  sale  or  otherwise,  shall  be  made  of  them;   and 
if  sold,  the  proceeds  of  such  sale,  as  well  as  stoppages  against  officers  and 
enlisted  men,  and  the  net  proceeds  of  collections  made  from  any  person  or  from 
any  State,  Territory,  or  District  to  reimburse  the  Government  for  the  loss, 
damage,  or  destruction  of  any  property,  shall  be  deposited  in  the  Treasury  of 
the  United  States  as  a  credit  to  said  State,  Territory,  or  the  District  of  Colum- 
bia, accountable  for  said  property,  and  as  a  part  of  and  in  addition  to  that 
portion  of  its  allotment  set  aside  for  the  purchase  of  similar  supplies,  stores, 
or  material  of  war. — Ibid. 

689.  Refusal  to  pay  for  loss,  etc.,  a  bar  to  future  allotments. — If  any  State, 
Territory,  or  the  District  of  Columbia  shall  neglect  or  refuse  to  pay,  or  to 
cause  to  be  paid,  the  money  equivalent  of  any  loss,  damage,  or  destruction  of 
property  charged  against  such  State,  Territory,  or  the  District  of  Columbia 
by  the  Secretary  of  War  after  survey  by  a  disinterested  officer  appointed  as 
hereinbefore  provided,  the  Secretary  of  War  is  hereby  authorized  to  debar  such 
State,  Territory,  or  the  District  of  Columbia  from  further  participation  in  any 
and  all  appropriations  for  the  National  Guard  until  such  payment  shall  have 
been  made. — Ibid. 

EXPENSES    OF    ENROLLMENT. 

690.  Of  inarch  to  place  of  rendezvous. — The  expenses  incurred  by  marching 
the  militia  of  any  State  or  territory  to  their  places  of  rendezvous,  in  pursuance 
of  a  requisition  of  the  President,  or  of  a  call  made  by  the  authority  of  any 
State  or  Territory  and  approved  by  him,  shall  be  adjusted  and  paid  in  like 
manner  as  the  expenses  incurred  after  their  arrival  at  such  places  of  rendez- 
vous, on  the  requisition  of  the  President ;  but  this  provision  does  not  authorize 
any   species  of  expenditure,  previous  to  arriving  at  the  place  of  rendezvous, 
which  is  not  provided  by  existing  laws  to  be  paid  for  after  their  arrival  at  such 
places  of  rendezvous.— Rcc.  IG-l.'i.  R.  8. 

HORSES    FOR    CAVALRY    AXD    FIELD    ARTILLERY. 

691.  Authority  for  purchase.' — Funds  allotted  by  the  Secretary  of  War  for 
the  support  of  the  National  Guard  shall  be  ivaiU:ble  for  the  purchase,  under 


120    PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND  MISCELLANEOUS. 

such  regulations  as  the  Secretary  of  War  may  prescribe,  of  horses  conforming 
to  the  Regular  Army  standards  for  the  use  of  Field  Artillery  and  Cavalry 
of  the  National  Guard,  said  horses  to  remain  (he  property  of  the  United  States 
and  to  be  used  solely  for  military  purposes. — See.  89,  act  of  June  3,  1916  (39 
Stat.,  205). 

692.  Appropriations  for  extended  to  include  signal  companies,  engineer  com- 
panies, amoulance  companies,  and  other  mounted  units. — To  provide  for  the 
purchase,  under  such  regulations  as  the  Secretary  of  War  may  prescribe,  of 
horses  conforming  to  the  Regular  Army  standards  for  the  use  of  Field  Artillery, 
Cavalry,    signal    companies,    engineer    companies,    ambulance    companies,    and 
other  mounted  units  of  the  National  Guard,  said  horses  to  remain  the  property 
of  the  United  States  and  to  be  used  solely  for  military  purposes.     Horses  so 
purchased  may  be  issued  not  to  exceed  thirty-two  to  any  one  battery,  troop, 
or  company,  or  four  to  a  battalion  or  regimental  headquarters,  under  such 
regulations  as  the  Secretary  of  War  may  prescribe. — Act  of  Aug.  29,  1916  (39 
Mat.,  645). 

693.  Issue  of;  regulations  governing. — Horses  so  purchased  may  be  issued 
not  to  exceed  thirty-two  to  any  one  battery  or  troop,  under  such  regulations 
as  the  Secretary  of  War  may  prescribe;  and  the  Secretary  of  War  is  further 
authorized  to  issue,  in  lieu  of  purchase,  for  che  use  of  such  organizations,  con- 
demned Army  horses  which  are  no  longer  fit  for  service,  but  which  may  be 
suitable  for  the  purposes  of  instruction,  such  horses  to  be  sold  as  now  provided 
by  law  when  said  purposes  shall  have  been  served. — Sec.  89,  act  of  June  3, 
1916  (39  Stat.,  205). 

694.  Care  of,  etc.;  payment  to  men  detailed. — Funds  allotted  by  the  Secre- 
tary of  War  for  the  support  of  the  National  Guard  shall  be  available  for  the 
purchase  and  issue  of  forage,  bedding,  shoeing,  and  veterinary  services,  and 
supplies  for  the  Government  horses  issued  to  any  battery  or  troop,  and  for 
the  compensation  of  competent  help  for   the  cure  of  the  material,   animals, 
and    equipment    thereof,    under    such    regulations    as    the    Secretary    of    Wai- 
may  prescribe:   Provided,   That   the   men   to   be   compensated,   not  to  exceed 
five  for  each  battery  or  troop,   shall  be  duly  enlisted  therein   and  shall   be 
detailed  by  the  battery  or  troop  commander,  under  such  regulations  as  the 
Secretary   of  War   may  prescribe,   and   shall   b<    paid  by   the  United   States 
disbursing  officer  in  each   State,  Territory,   and  the  District  of  Columbia. — 
Sec.  90,  iUd. 

INSPECTION    OF    EQUIPMENT,    RECORDS,    ETC. 

695.  To  be  made  />//  Army  officers  detailed  for  the  purpose. — The  Secretary 
of  War  shall  cause  an  inspection  to  be  made  at  least  once  each  year  by  inspec- 
tors general,  and  if  necessary  by  other  officers  of  the  Regular  Army,  detailed  by 
him  for  that  purpose,  to  determine  whether  the  amount  and  condition  of  the 
property  in  the  hands  of  the  National  Guard  is  satisfactory:  whether  the  Na- 
tional Guard  is  organized  as  hereinbefore  prescribed  ;  whether  the  officers  and 
enlisted  men  possess  the  physical  and  other  qualifications  prescribed ;  whether 
the   organization    and   the   officers    and    enlisted    men   thereof   are   sufficiently 
armed,  uniformed,  equipped,  and  being  trained  and  instructed  for  active  duty 
in  tlie  field  or  coast  defense,  and  whether  the  records  are  being  kept  in  accord- 
ance with  the  requirements  of  this  :ict.     The  reports  of  such  inspect  ions  shall 
serve  as  the  basis  for  deciding  as  to  the  issue  to  and  retention  by  the  National 


PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND  MISCELLANEOUS.    121 

Guard  of  the  military  property  provided  for  by  this  act,  and  for  determining 
what  organizations  and  individuals  shall  be  considered  as  constituting  parts  of 
the  National  Guard  within  the  meaning  of  this  act. — Sec.  98,  act  of  June  3, 
1916  (S9  Stat.,  206). 

INSTRUCTION    AT    ARMY    SKUVICK    SCHOOLS. 

696.  Of  officers  and  men. — Under  such  regulations  as  the  President  may  pre- 
scribe, the  Secretary  of  War  may,  upon  the  recommendation  of  the  governor  of 
any  State  or  Territory  or  the  commanding  general  of  the  National  Guard  of 
the  District  of  Columbia,  authorize  a  limited  number  of  selected  officers  or 
enlisted  men  of  the  National  Guard  to  attend  and  pursue  a  regular  course  of 
study  at  any  military  service  school  of  the  United  States,  except  the  United 
States  Military  Academy ;  or  to  be  attached  to  an  organization  of  the  same 
arm,  corps,  or  department  to  which  such  officer  or  enlisted  man  shall  belong, 
for  routine  practical  instruction  at  or  near  an  Army  post  during  a  period  of 
field    training    or    other    outdoor    exercises. — Sec.    99,    act    of    June    3,    1916 
(39  Stat.,  207). 

697.  Pa ij  and  allowance*  tcftile  attending  A  run;  stew-ice  schools;  limitation. — 
Such  officer  or  enlisted  man  shall  receive,  out  of  any  National  Guard  allotment 
of  funds  available  for  the  purpose,  the  same  travel  allowances  and  quarters,  or 
commutation  of  quarters,  and  the  same  pay,  allowances,  and  subsistence  to 
which  an  officer  or  enlisted  man  of  the  Regular  Army  would  be  entitled  for 
attending  such  school,  college,  or  practical  course  of  instruction  under  orders 
from  proper  military  authority,   while  in  actual   attendance  at  such  school, 
college,  or  practical  course  of  instruction :  Provided,  That  in  no  case  shall  the 
pay  and  allowances  authorized  by  this  section  exceed  those  of  a  captain. — Ibid. 

LENGTH    OF    SERVICE. 

698.  Active  and  n-xcrrc  service. — Hereafter  the  period  of  enlistment  in  the 
National  Guard  shall  be  for  six  years,  the  first  three  years  of  which  shall  be 
in  an  active  organization  and  the  remaining  three  years  in  the  National  Guard 
Reserve,  hereinafter  provided  for,  and  the  qualifications  for  enlistment  shall  be 
the  same  as  those  prescribed  for  admission  to  the  Regular  Army. — Sec.  69, 
act  of  June  3,  1916  (39  Stat.,  200). 

699.  Continuous  active  service  alloioed. — In  the  National  Guard  the  privi- 
lege of  continuing  in  active  service  during  the  whole  of  an  enlistment  period 
and  of  reenlisting  in  said  service  shall  not  be  denied  by  reason  of  anything 
contained  in  this  act. — IMd. 

700.  Compensation  for  part  of  first  year;  other  duty  accepted  in  lieu  of 
drills. — When  any  man  enters  into  an  enlistment  other  than  an  immediate  reen- 
listment  he  shall  be  entitled  to  proportional  compensation  for  that  year  if 
during  the  remainder  of  the  year  he  shall  attend  a  number  of  drills  wrhose  ratio 
to  twenty-four  is  not  less  than  the  ratio  of  the  part  of  the  year  so  served  to  the 
whole  year;  and  when  any  man's  enlistment  shall  expire  the  compensation,  if 
any,  to  which  he  may  be  entitled  shall  be  determined  in  like  manner :  Provided 
further,  That  periods  of  any  actual  military  duty  equivalent  to  the  drills 
herein  prescribed   (except  those  periods  of  service  for  which  members  of  the 
National   Guard   may  become  lawfully  entitled   to  the  same  pay  as  officers 
and  enlisted  men  of  the  corresponding  grades  in  the  Regular  Army)   may  bo 
accepted  as  service  in  lieu  of  such  drills  when  so  provided  by  the  Secretary  of 
War.— itrc.  110.  Ilnd.,  p.  209. 


122     PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND   MISCELLANEOUS. 

PAY  AND  ALLOWANCES. 

701.  Pay  to  certain  officers  for  services. — Certain  commissioned  officers  on 
the  active  list  belonging  to  organizations  of  the  National  Guard  of  each  State, 
Territory,  and  the  District  of  Columbia  participating  in  the  apportionment  of 
the  annual  appropriation  for  the  support  of  the  National  Guard  shall  receive 
compensation  for  their  services,  except  during  periods  of  service  for  which  they 
may  become  lawfully  entitled  to  the  same  pay  as  officers  of  corresponding  grades 
of  the  Regular  Army,  as  follows,  not  to  include  longevity  pay :  A  captain  five 
hundred  dollars  per  year  and  the  same  pay  shall  be  paid  to  every  officer  of 
higher  rank  than  that  of  captain,  a  first  lieutenant  two  hundred  and  forty  dol- 
lars per  year,  and  a  second  lieutenant  two  hundred  dollars  per  year.    Regula- 
tions to  be  prescribed  by  the  Secretary  of  War  shall  determine  the  amount  and 
character  of  service  that  must  be  rendered  by  officers  to  entitle  them  to  the 
whole  or  specific  parts  of  the  maximum  pay  hereinbefore  authorized — Sec.  109, 
Ibid. 

702.  Staff  officers,  aids-de-camp,  and  chaplains. — That  all  staff  officers,  aids- 
de-camp,  and  chaplains  shall  receive  not  to  exceed  one-half  of  the  pay  of  a  cap- 
tain, except  that  regimental  adjutants,  and  majors  and  captains  in  command  of 
machine-gun   companies,    ambulance   companies,    field   hospital    companies,    or 
sanitary  troops  shall  receive  the  pay  hereinbefore  authorized  for  a  captain. — 
Ibid. 

703.  Enlisted  men,  active  service. — Each  enlisted  man  on  the  active  list  be- 
longing to  an  organization  of  the  National  Guard  of  a  State,  Territory,  or  the 
District  of  Columbia,  participating  in  the  apportionment  of  the  annual  appro- 
priation for  the  support  of  the  National  Guard,  shall  receive  compensation  for 
his  services,  except  during  periods  of  service  for  which  he  may  become  lawfully 
entitled  to  the  same  pay  as  an  enlisted  man  of  corresponding  grade  in  the  Regu- 
lar Army,  at  a  rate  equal  to  twenty-five  per  centum  of  the  initial  pay  now  pro- 
vided by  law  for  enlisted  men  of  corresponding  grades  of  the  Regular  Army: 
Provided,  That  such  enlisted  man  shall  receive  the  compensation  herein  pro- 
vided if  he  shall  have  attended  not  less  than  forty-eight  regular  drills  during 
any  one  year,  and  a  proportionate  amount  for  attendance  upon  a  lesser  number 
of  such  drills,  not  less  than  twenty-four;  and  no  such  enlisted  man  shall  re- 
ceive any  part  of  said  compensation  except  as  authorized  by  this  proviso  and 
the  three  provisos  next  following:   Provided  further,  That  the  compensation 
provided  herein  shall  be  computed  for  semiannual  periods,  beginning  the  first 
day  of  January  and  the  first  day  of  July  of  each  year,  in  proportion  to  the 
number  of  drills  attended ;  and  no  compensation  shall  be  paid  to  any  enlisted 
man  for  the  first  semiannual  period  of  any  year  unless  he  shall  have  attended 
during  said  period  at  least  twenty-four  drills,  but  any  lesser  number  of  drills 
attended  during  said  period  shall  be  reckoned  with  the  drills  attended  during 
the  second  semiannual  period  in  computing  the  compensation,  if  any,  due  him 
for  that  year. — Ibid. 

704.  Active  service  pay;  when  to  commence. — When  the  militia  is  called  into 
the  actual  service  of  the  United  States,  or  any  portion  of  the  militia  is  called 
forth  under  the  provisions  of  this  act,  their  pay  shall  commence  from  the  day 
of  their  appearing  at    the  place  of  company   rendezvous,   but  this  provision 
shall   not  be  construed  to  authorize  any  species  of  expenditure  previous  to 
arriving  at  such  places  of  rendezvous  which  is  not  provided  by  existing  laws  to 
be  paid  after  their  arrival  at  such  place  of  rendezvous. — Sec.  11,  act  of  May 
27,  190S  (So  Stat.,  401). 


AND   MISCELLANEOUS.     123 

705.  Officers  detailed  as  assistants  to  Chief  of  Militia  Bureau.  —  The  President 
may,  in  his  discretion,  assign  to  duty  in  the  Militia  Bureau  as  assistants  to 
the  chief  thereof  not  to  exceed  one  colonel  and  one  lieutenant  colonel  of  the 
National  Guard,  for  terms  of  four  years,  and  any  such  officer  while  so  assigned 
shall,  subject  to  such  regulations  as  the  President  may  prescribe,  receive  out 
of  the  whole  fund  appropriated  for  the  support  of  the  militia  the  pay  and  allow- 
ances of  a  Regular  Army  officer  having  the  same  rank  and  length  of  service  as 
said  National  Guard  officer,  whose  prior  service  in  the  Organized  Militia  shall 
be  counted  in  ascertaining  his  rights  under  this  proviso.  —  Act  of  June  8,  1916 
.,  203). 


706.  Stoppages:  property  lost  or  destroyed.  —  Stoppages  may  be  made  against 
the  compensation  payable  to  any  officer  or  enlisted  man  hereunder  to  cover  the 
cost  of  public  property  lost  or  destroyed  by  and  chargeable  to  such  officer  or 
enlisted  man.  —  See.  110,  act  of  June  3,  1916  (39  Stat.,  210). 

707.  Persons  not  entitled  to  pay.<  —  Except  as  otherwise  specifically  provided 
herein,  no  money  appropriated  under  the  provisions  of  this  or  the  last  preceding 
section  shall  be  paid  to  any  person  not  on  the  active  list,  nor  to  any  person  over 
sixty-four  years  of  age,  nor  to  any  person  who  shall  fail  to  qualify  as  to  fitness 
for  military  service  under  such  regulations  as  the  Secretary  of  War  shall  pre- 
scribe. nor  to  any  State,  Territory,  or  District,  or  officer  or  enlisted  man  in  the 
National  Guard  thereof,  unless  and  until  such   State,  Territory,   or  District 
provides  by  law  that  staff  officers,   including  officers  of  the  Pay,  Inspection, 
Subsistence,   and   Medical   Departments,   hereafter   appointed   shall   have   had 
previous  military  experience  and  shall  hold  their  positions  until  they  shall 
have  reached  the  age  of  sixty-four  years,  unless  retired  prior  to  that  time  by 
reason  of  resignation,  disability,  or  for  cause  to  be  determined  by  a  court- 
martial  legally  convened  for  that  purpose,  and  that  vacancies  among  said  officers 
shall  be  filled  by  appointment  from  the  officers  of  such  State,  Territory,  or  Dis- 
trict.—/]!)^. 

708.  Payment  of  men  enlisted  by  States  up  to  time  of  muster.  —  That  nothing 
in  this  act  or  previous  acts  of  Congress  shall  be  construed  to  prohibit  the  paying 
of  men  enlisted  by  State  authorities  of  any  State  for  militia  organization  for 
the  purpose  of  bringing  said  organization  up  to  the  minimum  necessary  to  per- 
mit of  the  muster  in  of  said  organization,  from  the  date  of  such  enlistments  to 
the  date  of  muster  in  or  from  date  of  enlistment  to  date  of  rejection,  after 
physical  examination.  —  Act  of  Aug.  29,  1916  (39  Stat.,  624). 

PROPERTY   AND    DISBURSING   OFFICERS. 

709.  Appointment  of;  general  duties.  —  The  governor  of  each  State  and  Terri- 
tory and  the  commanding  general  of  the  National  Guard   of  the  District  of 
Columbia  shall  appoint,  designate,  or  detail,   subject  to  the  approval   of  the 
Secretary  of  War,  an  officer  of  the  National  Guard  of  the  State,  Territory,  or 
I  Mstrict  of  Columbia  who  shall  be  regarded  as  property  and  disbursing  officer 
for  the  United  States.    He  shall  receipt  and  account  for  all  funds  and  property 
belonging  to  the  United  States  in  possession  of  the  National  Guard  of  his  State, 
Territory,  or  District,  and  shall  make  such  returns  and  reports  concerning  the 
same  as  may  be  required  by  the  Secretary  of  War.  —  Sec.  «?'.  act  of  June  .}.  inn: 
(39  Stat.,  200). 

710.  Payments  to,  on  requisitions.  —  The  Secretary  of  War  is  authorized,  on 
the  requisition  of  the  governor  of  a  State  or  Territory  or  the  commanding  gen- 


124    PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND  MISCELLANEOUS. 

eral  of  the  National  Guard  of  the  District  of  Columbia,  to  pay  to  the  property 
and  disbursing  officer  thereof  so  much  of  its  allotment  out  of  the  annual  ap- 
propriation for  the  support  of  the  National  Guard  as  shall,  in  the  judgment 
of  the  Secretary  of  War,  be  necessary  for  the  purposes  enumerated  therein.— 
Ibid. 

711.  Accounting  for  funds;  bond  required. — He  shall  render,  through  the  War 
Department,  such  accounts  of  Federal  funds  intrusted  to  him  for  disbursement 
as  may  be  required  by  the  Treasury  Department.     Before  entering  upon  the 
performance  of  his  duties  as  property  and  disbursing  officer  he  shall  be  required 
to  give  good  and  sufficient  bond  to  the  United  States,  the  amount  thereof  to  be 
determined  by  the  Secretary  of  War,  for  the  faithful  performance  of  his  duties 
and  for  the  safe-keeping  and  proper  disposition  of  the  Federal  property  and 
funds  intrusted  to  his  care. — Ibid. 

712.  Bonds  not  required;  when. — Officers  of  the  Organized  Militia  who  may 
hereafter  be  furnished,  under  proper  authority,  with  funds  for  the  purchase  of 
coffee  or  other  components  of  the  travel  ration  for  the  use  of  their  respective 
commands,  shall  not  be  required  to  furnish  bonds  for  the  safe-keeping  and  dis- 
bursement of  the  same. — Act  of  May  11,  1908  (35  Stat.,  111). 

713.  Pay  of,  from  general  fund. — He  shall,  after  having  qualified  as  prop- 
erty and  disbursing  officer,  receive  pay  for  his  services  at  a  rate  to  be  fixed  by 
the  Secretary  of  War,  and  such  compensation  shall  be  a  charge  against  the 
whole  sum  annually  appropriated  for  the  support  of  the  National  Guard. — Sec. 
67,  act  of  June  3,  1916  (39  Stat.,  200). 

714.  Traveling  expenses. — When  traveling  in  the  performance  of  his  official 
duties  under  orders  issued  by  the  proper  authorities  he  shall  be  reimbursed  for 
his  actual  necessary  traveling  expenses,  the  sum  to  be  made  a  charge  against 
the  allotment  of  the  State,  Territory,  or  District  of  Columbia. — Ibid. 

715.  Inspection  of  accounts;  how  often. — The  Secretary  of  War  shall  cause 
an  inspection  of  the  accounts  and  records  of  the  property  and  disbursing  officer 
to  be  made  by  an  inspector  general  of  the  Army  at  least  once  each  year. — Ibid. 

716.  Rules,  etc.,  to  be  made  by  Secretary  of  War. — The  Secretary  of  War 
is  empowered  to  make  all  rules  and  regulations  necessary  to  carry  into  effect 
the  provisions  of  this  section. — Ibid. 

SALES    TO. 

717.  Authority  for. — Whenever  it  shall  be  shown  to  the  satisfaction  of  the 
Secretary  of  War  that  the  National  Guard  of  any  State,  Territory,  or  the  Dis- 
trict of  Columbia,  is  properly  organized,  armed,  aVid  equipped  for  field  service. 
funds  allotted  to  that  State,  Territory,  or  District  for  the  support  of  its  Na- 
tional Guard  may  be  used  for  the  purchase,  from  the  War  Department,  of  any 
article  issued  by  any  of  the  supply  departments  of  tho  Army.— Sec.  83,  act  of 
June  3,  1916  (39  Stat.,  204). 

718.  Cash  purchases  from  Army  stores. — Any  State,  Territory,  or  the  Dis- 
trict of  Columbia  may,  with  the  approval  of  the  Secretary  of  War.  purchase  for 
cash  from  the  War  Department  for  the  use  of  the  National  Guard,  including  the 
officers  thereof,  any  stores,  supplies,  materiel  of  war,  and  military  publications 


PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND  MISCELLANEOUS.    125 

furnished  to  the  Army,  in  addition  to  those  issued  under  the  provisions  of  this 
act,  at  the  price  at  which  they  shall  be  listed  to  the  Army,  with  cost  of  trans- 
portation a'dded.  The  funds  received  from  such  sale  shall  be  credited  to  the 
appropriation  to  which  they  shall  belong,  shall  not  be  covered  into  the  Treasury, 
and  shall  be  available  until  expended  to  replace  therewith  the  supplies  sold  to 
the  States  in  the  manner  herein  authorized. — Sec.  86,  ibid. 

719.  May  be  requisitioned  in  time  of  war. — Stores,  supplies,  and  materiel 
of  war  so  purchased  by  a  State,  Territory,  or  the  District  of  Columbia  may,  in 
time  of  actual  or  threatened  war,  be  requisitioned  by  the  United  States  for  use 
in  the  military  service  thereof,  and  when  so  requisitioned  by  the  United  States 
and  delivered  credit  for  the  ultimate  return  of  such  property  in  kind  shall  be 
allowed  to  such  State,  Territory,  or  the  District  of  Columbia. — Ibid. 

720.  Net  proceeds  of  sales  of  condemned  stores;  disposition  of. — The  net  pro- 
ceeds of  the  sale  of  condemned  stores  issued  to  the  National  Guard  and  not 
charged  to  State  allotments  shall  be  covered  into  the  Treasury  of  the  United 
States,  as  shall  also  stoppages  against  officers  and  enlisted  men,  and  the  net 
proceeds  of  collections  made  from  any  person  to*  reimburse  the  Government 
for  the  loss,  damage,  or  destruction  of  said  property  not  charged  against  the 
State  allotment  issued  for  the  use  of  the  National  Guard. — Sec.  88,  ibid.,  p.  205. 

NATIONAL   GUARD    RESERVE. 

721.  Organization  of. — Subject  to  such  rules  and  regulations  as  the  President 
nuiy  prescribe,  a  National  Guard  Reserve  shall  be  organized  in  each  State, 
Territory,  and  the  District  of  Columbia,  and  shall  consist  of  such  organizations, 
officers,  and  enlisted  men  as  the  President  may  prescribe,  or  members  thereof 
may  be  assigned  as  reserves  to  an  active  organization  of  the  National  Guard. — 
Sec.  78,  act  of  June  3,  1916  (39  Stat., 


722.  Pay  when  in  active  training. — Members  of  said  reserve,  when  engaged 
in  field  or  coast-defense  training  with  the  active  National  Guard,  shall  receive 
the  same  Federal  pay  and  allowances  as  enlisted  men  of    like    grade  on  the 
active  list  of  said  guard  when  likewise  engaged:  Provided  further,  That,  ex- 
cept as  otherwise  specifically  provided  in  this  act,  no  commissioned  or  enlisted 
reservist  shall  receive  any  pay  or  allowances  out  of  any  appropriation  made 
by  Congress  for  National  Guard  purposes. — Ibid. 

723.  Reserve  battalions  for  recruit  training  in  time  of  war. — When  mem- 
bers of  the  National  Guard  and  the  enlisted  reserve  thereof  of  any  State,  Terri- 
tory, or  the  District  of  Columbia  shall  have  been  brought  into  the  service  of  the 
United  States  in  time  of  war,  there  shall  be  immediately  organized,  either  from 
such  enlisted  reserve  or  from  the  unorganized  militia,  in  such  State,  Territory, 
or  District,  one  reserve  battalion  for  each  regiment  of  Infantry  or  Cavalry,  or 
each  nine  batteries  of  Field  Artillery,  or  each  twelve  companies  of  Coast  Ar- 
tillery, brought  into  the  service  of  the  United  States,  and  such  reserve  battalion 
shall  constitute  the  fourth  battalion  of  any  such  regiment  or  twelve  companies 
of  Coast  Artillery.     Reserve  battalions  shall  consist  of  four  companies  of  such 
strength  as  may  be  prescribed  by  the  President  of  the  United  States.     When 
the  members  of  three  or  more  regiments  of  the  National  Guard  of  any  State, 
Territory,  or  District  shall  have  been  brought  into  the  service  of  the  United 
States,  the  reserve  battalions  of  such  regiments  may  be  organized  into  pro- 
visional regiments  and  higher  units.     If  for  any  reason  there    shall    not    be 


126     PAY  AND  ALLOWANCES  OP   THE  ARMY,  AND   MISCELLANEOUS. 

enough  voluntary  enlistments  to  keep  the  reserve  battalions  at  the  prescribed 
strength,  a  sufficient  number  of  the  unorganized  militia  shall  be  drafted  into 
the  service  of  the  United  States  to  maintain  each  of  such  battalions  at  the 
proper  strength.  As  vacancies  occur  from  death  or  other  causes  in  any  or- 
ganization in  the  service  of  the  United  States  and  composed  of  men  taken  from 
the  National  Guard,  men  shall  be  transferred  from  the  reserve  battalions  to  the 
organizations  in  the  field  so  that  such  organizations  may  be  maintained  at  war 
strength.  Officers  for  the  reserve  battalions  provided  for  herein  shall  be 
drafted  from  the  National  Guard  Reserve  or  Coast  Artillery  companies  of  the 
National  Guard  or  the  Officers'  Reserve  Corps,  such  officers  to  be  taken,  if 
practicable,  from  the  States,  respectively,  in  which  the  battalions  shall  be  or- 
ganized. Officers  and  noncommissioned  officers  returned  to  their  home  sta- 
tions because  of  their  inability  to  perform  active  field  service  may  be  assigned 
to  reserve  battalions  for  duty,  and  all  soldiers  invalided  home  shall  be  as- 
signed to  and  carried  on  the  rolls  of  reserve  battalions  until  returned  to  duty 
or  until  discharged. — Sec.  79,  ibid. 

TRAVEL    ALLOWANCE. 

724.  Nothing  contained  in  the  act  making  appropriations  for  the  support  of 
the  Army  for  the  fiscal  year  nineteen  hundred  and  seventeen  shall  be  construed 
as  precluding  the  payment   of  travel   allowance  as  provided   in   section  one 
hundred  and  twenty-six  of  the  act  approved  June  third,  nineteen  hundred  and 
sixteen,  to  enlisted  men  of  the  National  Guard  on  their  discharge  from  the 
service  of  the  United  States  and  the  appropriation  for  the  transportation  of 
the  Army  and  its  supplies  for  the  fiscal  year  nineteen  hundred  and  seventeen 
shall  be  available  for  this  purpose  and  also  for  the  purpose  of  paying  travel 
pay  to  officers  of  the  National  Guard  on  their  discharge  from  the  service  of 
the  United  States  as  prescribed  in  the  act  approved  March  second,  nineteen 
hundred  and  one. — Act  of  Sept.  8,  1916  (39  Stat.,  810}. 

OFFICERS'  RESERVE  CORPS. 

725.  Composition  and  object  of. — For  the  purpose  of  securing  a  reserve  of 
officers  available  for  service  as  temporary  officers  in  the  Regular  Army,   as 
provided  for  in  this  act  and  in  section  eight  of  the  act  approved  April  twenty- 
fifth,  nineteen  hundred  and  fourteen   (38  Stat.,  349),  as  officers  of  the  Quar- 
termaster Corps  and  other  staff  corps  and  departments,  as  officers  for  recruit 
rendezvous  and  depots,  and  as  officers  of  volunteers,  there  shall  be  organized, 
under  such  rules  and  regulations  as  the  President  may  prescribe  not  incon- 
sistent with  the  provisions  of  this  act,  an  Officers'  Reserve  Corps  of  the  Reg- 
ular Army.     Said  corps  shall  consist  of  sections  .corresponding  to  the  various 
arms,  staff  corps,  and  departments  of  the  Regular  Army.    Except  as  otherwise 
herein  provided,  a  member  of  the  Officers'  Reserve  Corps  shall  not  be  subject 
to  call  for  service  in  time  of  peace,  and  whenever  called  upon  for  service  shall 
not,  without  his  consent,  be  so  called  in  a  lower  grade  than  that  held  by  him 
in  said  reserve  corps.— -Sec.  37,  act  of  June  3,  1916   (39  Stat.,  189). 

726.  President  alone  authorized  to  appoint  and  commission  civilians  as  re- 
serve officers  up  to  grade  of  major. — The  President  alone  shall  be  authorized 
to  appoint  and  commission  as  reserve  officers  in  the  various  sections  of  the 
Officers'  Reserve  Corps,  in  all  grades  up  to  and  including  that  of  major,  such 
citizens   as,   upon   examination  prescribed   by   ihe   President,   shall   be   found 
physically,  mentally,  and  morally  qualified  to  hold  such  commission.— Ibid. 


PAY  AND  ALLOWANCES  OF   THE   ARMY,  AND   MISCELLANEOUS.    127 

727.  Proportion  of  officers  in  any  section  not  to  exceed  same  grade  in  Regular 
\rtn\j. — The  proportion  of  officers  in  any  section  of  the  Officers'  Reserve  Corps 

shall  not  exceed  the  proportion  for  the  same  grade  in  the  corresponding  arm, 
corps,  or  department  of  the  Regular  Army,  except  that  the  number  commis- 
sioned in  the  lowest  authorized  grade  in  any  section  of  the  Officers'  Reserve 
Corps  shall  not  be  limited. — Ibid. 

728.  Persons  registered  as  qualified  under  act  of  January  21,   1903,  to  be 
eligible  for  appointment  for  three  years. — All   persons  now  carried   as  duly 
qualified  and  registered  pursuant  to  section  twenty-three  of  the  act  of  Congress 
approved  January  twenty-first,  nineteen  hundred  and  three    (32   Stat,  779), 
shall,  for  a  period  of  three  years  after  the  passage  of  this  act,  be  eligible  for 
appointment  in  the  Officers'  Reserve  Corps  in  Ihe  section  corresponding  to  the 
arm,  corps,  or  department  for  which  they  have  been  found  qualified,  without 
further  examination,  except  a  physical  examination,  and  subject  to  the  limi- 
tations as  to  age  and  rank  herein  prescribed. — Ibid. 

729.  Persons  qualified  for  grade  of  lieutenant  colonel  or  colonel  to  be  ap- 
pointed   as    such;    grade    to    cease   when    they    become    separated    from    the 
service. — Any  person  carried  as  qualified  and  registered  in  the  grade  of  colonel 
or  lieutenant  colonel  pursuant  to  the  provisions  of  said  act  on  the  date  when 
this  act  becomes  effective  may  be  commissioned  and  recommissioned  in  the 
Officers'  Reserve  Corps  with  the  rank  for  which  he  has  been  found  qualified 
and  registered,  but  when  such  person  thereafter  shall  become  separated  from 
the  Officers'  Reserve  Corps  for  any  reason  the  vacancy  so  caused  shall  not  be 
filled,  and  such  office  shall  cease  and  determine. — Ibid. 

730.  Same — When  called  to  service  in  a  lower  grade. — That  the  second  pro- 
viso of  section  thirty-seven  of  the  act  of  June  third,  nineteen  .hundred  and 
sixteen,  entitled,  "An  act  for  making  further  and  more  effectual  provision  for 
the  national  defense,  and  for  other  purposes,"  be  amended  as  follows :  Provided, 
That  any  person  who  on  June  third,  nineteen  hundred  and  sixteen,  was  carried 
as  qualified  and  registered  in  the  grade  of  colonel  or  lieutenant  colonel  pur- 
suant to  the  provisions  of  the  act  of  January  twenty-first,  nineteen  hundred 
and  three,  or  any  person  holding  a  commission  as  colonel  or  lieutenant  colonel 
in  the  National  Guard  of  any  State,  Territory  or  the  District  of  Columbia  on 
June  third,  nineteen  hundred  and  sixteen,  who  has  served  satisfactorily  as  such 
in  the  service  of  the  United  States  under  the  call  of  May  ninth,  nineteen  hun- 
dred and  sixteen,  or  that  of  June  eighteenth,  nineteen  hundred  and  sixteen, 
may  be  commissioned  or  recommissioned  in  the  Officers'  Reserve  Corps  with 
rank  for  which  he  had  been  found  qualified  and  registered,  or  which  he  held 
in  the  National  Guard  on  June  third,  nineteen  hundred  and  sixteen,  or  while 
in  the  service  of  the  United  States ;  but  when  such  person  shall  become  there- 
after separated  from  the  Officers'  Reserve  Corps  for  any  reason,  the  vacancy 
so   caused   shall   not   be   filled    and   such   office   shall   cease   and   determine: 
Provided  further,  That  any  officer  of  the  Officers'  Reserve  Corps  called  for 
service  with  his  consent  in  a  lower  grade  than  that  held  by  him  in  said  Reserve 
Corps  shall,  subject  to  such  physical  examination  as  may  be  prescribed,  be 
considered  eligible  for  recommission  in  such  lower  grade. — Act  of  May  12,  1917 
(40  Stats.,  73). 

731.  Age  limit  for  appointment  in  and  discharge  of  officers  after  having  passed 
such  limit. — No  person  shall,  except  as  hereinafter  provided,  be  appointed  or 
reappointed  a  second  lieutenant  in  the  Officers'  Reserve  Corps  after  he  shall 


128    PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND   MISCELLANEOUS. 

have  reached  the  age  of  thirty-two  years,  a  first  lieutenant  after  he  shall  have 
reached  the  age  of  thirty-six  years,  a  captain  after  he  shall  have  reached  the 
age  of  forty  years,  or  a  major  after  he  shall  have  reached  the  age  of  forty- 
five  years.— Sec.  37,  act  of  June  3,  1916  (39  Stat.,  189). 

732.  Not  to  be  discharged  during  present  emergency. — During  the  existing 
emergency  no  member  of  the  Officers'  Reserve  Corps  shall  be  discharged  by 
reason   of  reaching   the   age  limits   provided   in   section   thirty-seven   of   the 
national-defense   act   approved   June   third,   nineteen   hundred   and   sixteen. — 
Act  of  Oct.  6,  1911  (40  Stats.,  393). 

733.  Age  of  officers  not  to  apply  to  appointment  or  reappointment  in  certain 
staff  departments. — Nothing  in  the  foregoing  provisions  as  to  the  ages  of  officers 
shall  apply  to  the  appointment  or  reappointment  of  officers  of  the  Quarter- 
master, Engineer,  Ordnance,  Signal,  Judge  Advocate,  and  Meidcal  sections  of 
said  Reserve  Corps. — Sec.  37,  act  of  June  3,  1916  (39  Stats.,  190). 

734.  Medical  Reserve  Corps  to  cease  one  year  after  passage  of  act;  officers 
of  may  be  commissioned  in  Officer'  Reserve  Corps. — One  year  after  the  passage 
of  this  act  the  Medical  Reserve  Corps,  as  now  constituted  by  law,  shall  cease 
to  exist.    Members  thereof  may  be  commissioned  in  the  Officers'  Reserve  Corps, 
subject  to  the  provisions  of  this  act,  or  may  be  honorably  discharged  from  the 
service. — Ibid. 

735.  First  lieutenants  of  the  medical  section,  may  be  assigned  to  active  duty 
in  time  of  peace;  pay  and  allowances  of. — The  Secretary  of  War  may,  in  time 
of  peace,  order  first  lieutenants  of  the  medical  section  of  the  Officers'  Reserve 
Corps,  with  their  consent,  to  active  duty  in  the  service  of  the  United  States 
in  such  numbers  as  the  public  interests  may  require  and  the  funds  appro- 
priated may  permit,  and  may  relieve  them  from  such  duty  when  their  services 
are  no  longer  necessary.     While  on  such  duty  they  shall  receive  the  pay  and 
allowances,  including  pay  for  periods  of  sickness  and  leaves  of  absence,  of 
officers  of  corresponding  rank   and  length   of   active  service  in   the   Regular 
Army. — Ibid. 

736.  Commissions  to  be  in  force  for  a  period  of  five  years;  may  be  recom- 
missioned  for  successive  periods  in  same  or  higher  grades. — The  commissions 
of  all  officers  of  the  Officers'  Reserve  Corps  shall  be  in  force  for  a  period  of 
five  years  unless  sooner  terminated  in  the  discretion  of  the  President.     Such 
officers  may  be   recommjssioned,   either   in   the   same   or   higher  grades,   for 
successive  periods  of  five  years,  subject  to  such  examinations  and  qualifications 
as  the  President  may  prescribe  and  to  the  age  limits  prescribed  herein. — Ibid. 

737.  Rank  of  officers  in  various  sections  to  be  according  to  grades  and  length 
of  service. — Officers  of  the  Officers'  Reserve  Corps  shall  have  rank  therein  in 
the  various  sections  of  said  reserve  corps  according  to  grades  and  to  length 
of  service  in  their  grades. — Ibid. 

738.  The  Officers'  Reserve  Corps  in  war — Assignment   to  duty,  rank,  pay^ 
etc. — In  time  of  actual  or  threatened  hostilities  the  President  may  order  officers 
of  the  Officers'  Reserve  Corps,  subject  to  such  subsequent  physical  examinations 
as  he  may  prescribe,  to  temporary  duty  with  the  Regular  Army  in  grades 
thereof  which  cnn  not,  for  the  time  being,  be  filled  by  promotion,  or  as  officers 
in  volunteer  or  other  organizations  that  may  be  authorized  by  law,   or  as 


PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND   MISCELLANEOUS.    129 

officers  at  recruit  rendezvous  and  depots,  or  on  such  other  duty  as  the  Presi- 
dent may  prescribe.  While  such  reserve  officers  are  on  ^uch  service  they  shall, 
by  virtue  of  their  commissions  as  reserve  officers,  exercise  command  appro- 
priate to  their  grade  and  rank  in  the  organizations  to  which  they  may  be 
assigned,  and  shall  be  entitled  to  the  pay  and  allowances  of  the  corresponding 
grades  in  the  Regular  Army,  with  increase  of  pay  for  length  of  active  service, 
as  allowed  by  law  for  officers  of  the  Regular  Army,  from  the  date  upon  which 
they  shall  be  required  by  the  terms  of  their  orders  to  obey  the  same. — Sec.  38, 
ibid,  190. 

739.  Officers  ordered  to  active  service  to  take  temporary  rank,  according  to 
date  of  assignment;  promotion  to  vacancies  in  volunteers  and  temporary  va- 
cancies in  Repular  Army. — Officers  so  ordered  to  active  service  shall  take  tem- 
porary rank  among  themselves,  and  in  their  grades  in  the  organizations  to 
which  assigned,  according  to  the  dates  of  orders  placing  them  on  active  serv- 
ice ;  and  they  may  be  promoted,  in  accordance  with  such  rank,  to  vacancies  in 
Volunteer  organizations  or  to  temporary  vacancies  in  the  Regular  Army  there- 
after occurring  in  the  organizations  in  which  they  shall  be  serving. — Ibid. 

740.  Officers  of  not  entitled  to  retirement  or  retired  pay;  pensionable  status. — 
Officers  of  the  Officers'  Reserve  Corps  shall  not  be  entitled  to  retirement  or 
retired  pay,  and  shall  be  entitled  to  pension  only  for  disability  incurred  in  the 
line  of  duty  and  while  in  active  service. — Ibid. 

741.  Subject  to  rules  and  articles  of  war  when  ordered  to  active  service. — 
Any  officer  who,  while  holding  a  commission  in  the  Officers'  Reserve  Corps, 
shall  be  ordered  to  active  service  by  the  Secretary  of  War  shall,  from  the  time 
he  shall  be  required  by  the  terms  of  his  order  to  obey  the-  same,  be  subject  to 
the  laws  and  regulations  for  the  government  of  the  Army  of  the  United  States, 
in  so  far  as  they  are  applicable  to  officers  whose  permanent  retention  in  the 
military  service  is  not  contemplated. — Ibid.  191. 

742.  Instruction  of  officers  of  the  Officers'  Reserve  Corps — May  be  ordered  to 
duty  with  troops,  etc.,  for  instruction. — To  the  extent  provided  for  from  time 
to  time  by  appropriations  for  this  specific  purpose  the  Secretary  of  War  is 
authorized  to  order  reserve  officers  to  duty  with  troops  or  at  field  exercises,  or 
for  instruction,  for  periods  not  to  exceed  fifteen  days  in  any  one  calendar  year, 
and  while  so  serving  such  officers  shall  receive  the  pay  and  allowances  of  their 
respective  grades  in  the  Regular  Army. — Sec.  39,  Ibid,  p.  191. 

748.  Period  of  instruction  may  be  extended  with  consent  of  reserve  officers. — 
With  the  consent  of  the  reserve  officers  concerned  and  within  the  limits  of 
funds  available  for  the  purpose,  .such  periods  of  duty  may  be  extended  for 
reserve  officers  as  the  Secretary  of  War  may  direct. — Ibid. 

744.  Appointment  of  reserve  officers  to  active  duty  in  time  of  war  before  ap- 
pointment of  Volunteers. — In  time  of  actual  or  threatened  hostilities,  after  all 
available  officers  of  any  section  of  the  Officers'  Reserve  Corps  corresponding 
to  any  arm,  corps,  or  department  of  the  Regular  Army  shall  have  been  or- 
dered into  active  service,  officers  of  Volunteers  may  be  appointed  in  such  arm, 
corps,  or  department  as  may  be  authorized  by  law. — Ibid. 

745.  Appointment  of  officers  of  Regular  Army  as  officers  of  Volunteers. — 
Nothing  herein  shall  operate  to  prevent  the  appointment   of  any  officer   of 

49392—18 9 


130    PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND  MISCELLANEOUS. 

the  Regular  Army  as  an  officer  of  Volunteers  before  all  the  officers  of  the 
Officers'  Reserve  Corps  ftr  any  section  thereof  shall  have  been  ordered  into  active 
service. — Ibid. 

746.  Relative  rank  and  right  of  retirement  of  officers  of  Regular  Army  not 
affected  by  active  service  in. — In  determining  the  relative  rank  and  the  right 
to  retirement  of  an  officer  of  the  Regular  Army,  active  duty  performed  by  him 
while  serving  in  the  Officers'  Reserve  Corps  shall  not  be  reckoned. — Ibid. 

747.  Gratuitous  service  of  members  permissible. — That  section  three  of  the 
act  approved  February  twenty-seventh,  nineteen  hundred  and  six,  entitled,  "An 
act  making  appropriations  to  supply  urgent  deficiencies  in  the  appropriations 
for  the  fiscal  year  ending  June  thirtieth,  nineteen  hundred  and  six,  and  for 
prior  years  and  for  other  purposes,"  shall  not  be  construed  to  prohibit  the  Sec- 
retary of  War  from   accepting   the  gratuitous  services   of  members   of  the 
Officers'  Reserve  Corps  of  the  Army  in  the  furtherance  of  the  enrollment,  or- 
ganization, and  training  of  the  Officers'  Reserve  Corps,  the  Reserve  Officers' 
Training  Corps,  or  the  Enlisted  Reserve  Corps  of  the  Army  or  in  consultation 
upon  matters  relating  to  the  military  service. — Act  of  May  12,  1917  (40  Stat., 
72). 

RESERVE  OFFICERS'  TRAINING  CORPS. 

748.  Senior  and  junior  divisions  to  be  organised  at  certain  universities  and 
colleges. — The  President  is  hereby  authorized  to  establish  and  maintain  in  civil 
educational  institutions  a  Reserve  Officers'  Training  Corps,  which  shall  consist 
of  a  senior  division  organized  at  universities  and  colleges  requiring  four  years 
of  collegiate  study  for  a  degree,  including  State  universities  and  those  State  in- 
stitutions that  are  required  to  provide  instruction  in  military  tactics  under  the 
provisions  of  the  act  of  Congress  of  July  second,  eighteen  hundred  and  sixty- 
two,  donating  lands  for  the  establishment  of  colleges  where  the  leading  object 
shall  be  practical  instruction  in  agriculture  and  the  mechanic  arts,  including 
military  tactics,  and  a  junior  division  organized  at  all  other  public  or  private 
educational  institutions,  except  that  units  of  the  senior  division  may  be  organized 
at  those  essentially  military  schools  which  do  not  confer  an  academic  degree 
but  which,  as  a  result  of  the  annual  inspection  of  such  institutions  by  the  War 
Department,  are  specially  designated  by  the  Secretary  of  War  as  qualified  for 
units  of  the  senior  division,  and  each  division  shall  consist  of  units  of  the  sev- 
eral arms  or  corps  in  such  number  and  of  such  strength  as  the  President  may 
prescribe.— Sec.  40,  June  3, 1916  (89  Stat.,  191). 

749.  Units  may  be  established  on  applications  of  any  qualified  State  institu- 
tion.— The  President  may,  upon  the  application  of  any  State  institution  de- 
scribed in  section  forty  of  this  act,  establish  and  maintain  at  such  institution 
one  or  more  units  of  the  Reserve  Officers'  Training  Corps. — Sec.  41  ibid. 

750.  Units  not  to  be  established  until  an  officer  of  the  Army  has  been  de- 
tailed as  professor  of  military  science  and  tactics. — No  such  unit  shall  be 
established  or. maintained  at  any  such  institution  until  an  officer  of  the  Army 
shall  have  been  detailed  as  professor  of  military  science  and  tactics,  nor  until 
such  institution  shall  maintain  under  military  instruction  at  least  one  hundred 
physically  fit  male  students. — Ibid. 

751.  Establishment  of  units  at  qualified  institutions,  'other  than  State  insti- 
tutions, maintaining  a  two  years'  course  of  military  training. — The  President 


PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND  MISCELLANEOUS.    131 

may,  upon  the  application  of  any  established  educational  institution  in  the 
United  States  other  than  a  State  institution  described  in  section  forty  of  this 
act,  the  authorities  of  which  agree  to  establish  and  maintain  a  two  years' 
elective  or  compulsory  course  of  military  training  as  a  minimum  for  its 
physically  fit  male  students,  which  course  when  entered  upon  by  any  student 
shall,  as  regards  such  student,  be  a  prerequisite  for  graduation,  establish  and 
maintain  at  such  institution  one  or.  more  units  of  the  Reserve  Officers'  Training 
Corps. — Sec.  42,  ibid. 

752.  Units  not  to  be  established  until  an  officer  of  the  Army  has  been  detailed 
as  professor  of  military  science  and  tactics. — No  such  unit  shall  be  established 
or  maintained  at  any  such  institution  until  an  officer  of  the  Army  shall  have 
been  detailed  as  professor  of  military  science  and  tactics,  nor  until  such  insti- 
tution shall  maintain  under  military  instruction  at  least  one  hundred  physically 
fit  male  students. — Ibid.,  192. 

753.  Courses  of  training  for  the  units  to  be  prescribed  by  Secretary  of  War. — 
The  Secretary  of  War  is  hereby  authorized  to  prescribe  standard  courses  of 
theoretical  and  practical  military  training  for  units  of  the  Reserve  .Officers' 
Training  Corps,  and  no  unit  of  the  senior  division  shall  be  organized  or  main- 
tained at  any  educational  institution  the  authorities  of  which  fail  or  neglect 
to  adopt  into  their  curriculum  the  prescribed  courses  of  military  training  for 
the  senior  division  or  to  devote  at  least  an  average  of  three  hours  per  week 
per  academic  year  to  such  military  training ;  and  no  unit  of  the  junior  division 
shall  be  organized  or  maintained  at  any  educational  institution  the  authorities 
of  which  fail  or  neglect  to  adopt  into  their  curriculum  the  prescribed  courses  of 
military  training  for  the  junior  division,  or  to  devote  at  least  an  average  of 
three  hours  per  week  per  academic  year  to  such  military  training.-r-£ec.  43, 
ibid.,  192. 

754.  Eligibility  for  membership  in  as  to  age,  citizenship,  e£c.— Eligibility  to 
membership  in  the  Reserve  Officers'  Training  Corps  shall  be  limited  to  students 
of  institutions  in  which  units  of  such  corps  may  be  established  who  are  citi- 
zens of  the  United  States,  who  are  not  less  than  fourteen  years  of  age,  and 
whose  bodily  condition  indicates  that  they  are  physically  fit  to  perform  military 
duty,  or  will  be  so  upon  arrival  at  military  age. — Sec.  44,  ibid. 

755.  Detail  of  active  or  retired  officers  as  professors  of  military  science  and 
tactics;  rank,  pay,  term  of  service,  conditions,  etc. — The  President  is  hereby 
authorized  to  detail  such  numbers  of  officers  of  the  Army,  either  active  or  re- 
tired, not  above  the  grade  of  colonel,  as  may  be  necessary,  for  duty  as  profes- 
sors and  assistant  professors  of  military  science   and   tactics   at   Institutions 
where  one  or  more  units  of  the  Reserve  Officers'  Training  Corps  are  maintained ; 
but  the  total  number  of  active  officers  so  detailed  at  educational  institutions 
shall  not  exceed  three  hundred,  and  no  active  officer  shall  be  so  detailed  who 
has  not  had  five  years'  commissioned  service  in  the  Army.    In  time  of  peace 
retired  officers  shall  not  be  detailed  under  the  provisions  of  this  section  without 
their  consent.     Retired  officers  below  the  grade  of  lieutenant  colonel  so  de- 
tailed shall  receive  the  full  pay  and  allowances  of  their  grade,  and  retired 
officers  above  the  grade  of  major  so  detailed  shall  receive  the  same  pay  and 
allowances  as  a  retired  major  would  receive  under  a  like  detail.    No  detail  of 
officers  on  the  active  list  of  the  Regular  Army  under  the  provisions  of  this 
section  shall  extend  for  more  than  four  years. — Sec.  45,  ibid. 


132     PAY  AND  ALLOWANCES  OF   THE   ARMY,  AND   MISCELLANEOUS. 

756.  Detail  of  enlisted  men,  active,  retired,  or  reservists.* — The  President  is 
hereby  authorized  to  detail  for  duty  at  institutions  where  one  or  more  units 
of  the  Reserve  Officers'  Training  Corps  are  maintained  such  number  of  en- 
listed men,  either  active  or  retired  or  of  the  Regular  Army  Reserve,  as  he  may 
deem  necessary,  but  the  number  of  active  noncommissioned  officers  so  detailed 
shall  not  exceed  five  hundred,  and  all  active  noncommissioned  officers  so  de- 
tailed shall  be  additional  in  their  respective  grades  to  those  otherwise  author- 
ized for  the  Army.     Retired  enlisted  men  or  members  of  the  Regular  Army 
Reserve  shall  not  be  detailed  under  the  provisions  of  this  section  without  their 
consent.     While  so  detailed  they  shall  receive  active  pay  and  allowances. — 
Sec.  46,  ibid. 

757.  Supplies  for  issue  to  instruction  camps  of  educational  institutions,  where 
an  officer  has  been  detailed  as  professor  of  military  science  and  tactics. — The 
Secretary  of  War  is  authorized  to  issue,  at  his  discretion  and  under  such  reg- 
ulations as  he  may  prescribe,  such  quartermaster  supplies  and  stores  belonging 
to  the  Government,  and  which  can  be  spared  for  that  purpose,  as  may  appear 
to  be  required  for  the  establishment  and  maintenance  of  military  instruction 
camps  by  the  students  of  any  educational  institution  to  which  an  officer  of 
the  Army  is  detailed  as  professor  of  military  science  and  tactics,  and  the  Sec- 
retary of  War  shall  require  a  bond  in  each  case  in  the  value  of  the  property 
for  the  care  and  safe-keeping  thereof  and  for  the  return  of  the  same  when 
required.— Act  of  May  18,  1916  (89  Stat.,  123). 

NOTE. — Supplies  to  educational  institutions  are  now  being  furnished  under  sections  47 
and  56,  act  of  June  3,  1916. 

ISSUE  OF  SUPPLIES. 

758.  Issue  of  public  animals,  arms,  uniforms,  equipment,  and  means  of  trans- 
portation, and  to  forage  public  animals  so  issued,  to  institutions  with  estab- 
lished units. — The  Secretary  of  War,  under  «ucb  regulations  as  he  may  pre- 
scribe, is  hereby  authorized  to  issue  to  institutions  at  which  one  or  more  units 
of  the  Reserve  Officers'  Training  Corps  are  maintained  such  public  animals, 
arms,   uniforms,   equipment,   and   means   of  transportation   as  he  may   deem 
necessary,  and  to  forage  at  the  expense  of  the  United  States  public  animals 
so  issued.     He  shall  require  from  each  institution  to  which  property  of  the 
United  States  is  issued  a  bond  in  the  value  of  the  property  issued  for  the  care 
and  safe-keeping  thereof,  and  for  its  return  wheu  required. — Sec.  47,  act  of 
June  3,  1916  (39  Stat.,  192). 

759.  Issue  of  military  equipment  to  other  schools  and  colleges,  and  detail  of 
instructors  thereat. — Such  arms,  tentage,  and  equipment  as  the  Secretary  of 
War  shall  deem  necessary  for  proper  military  training  shall  be  supplied  by 
the  Government  to  schools  and  colleges,  other  than  those  provided  for  in  section 
forty-seven  of  this  act,  having  a  course  of  military  training  prescribed  by  the 
Secretary  of  War  and  having  not  less  than  one  hundred  physically  fit  male 
students  above  the  age  of  fourteen  years,  under  such  rules  and  regulations  as 
he  may  prescribe;  and  the  Secretary  of  War  is  hereby  authorized  to  detail 
such  commissioned  and  noncommissioned  officers  of  the  Array  to  said  schools 
and  colleges,  other  than  those  provided  for  in  sections  forty-five  and  forty-six 
of  this  act,  detailing  not  less  than  one  Such  officer  or  noncommissioned  officer 
to  each  five  hundred  students  under  military  ir  struction. — Sec.  56,  ibid.,  197. 

760.  Commutation  to  institutions  furnishing  own  uniforms. — That  the  Sec- 
retary of  War,  in  his  discretion,  and  under  such  regulations  as  he  may  pre- 


PAY  AND  ALLOWANCES  OF   THE  ABMY,  AND  MISCELLANEOUS.    133 

scribe,  permit  such  institutions  to  furnish  their  own  uniforms  and  receive  as 
commutation  therefor  the  sum  allotted  by  the  Secretary  of  War  to  such  insti- 
tutions for  uniforms. — Act  of  May  12,  1917  (40  Stat.,  71). 

761.  Camps  for  additional  training;  period  of  encampment,  transportation, 
subsistence,  etc. — The  Secretary  of  War  is  hereby  authorized  to  maintain  camps 
for  the  further  practical  instruction  of  the  members  of  the  Reserve  Officers' 
Training  Corps,  no  such  camps  to  be  maintained  for  a  period  longer  than  six 
weeks  in  any  one  year,  except  in  time  of  actual  or  threatened  hostilities;  to 
transport  members  of  such  corps  to  and  from  such  camps  at  the  expense  of  the 
United  States  so  far  as  appropriations  will  permit ;  to  subsist  them  at  the  ex- 
pense of  the  United  States  while  traveling  to  and  from  such  camps  and  while 
remaining  therein  so  far  as  appropriations  will  permit;  to  use  the  Regular 
Army,  such  other  military  forces  as  Congress  from  time  to  time  authorizes, 
and  such  Government  property  as  he  may  deem  necessary  for  the  military  train- 
ing of  the  members  of  such  corps  while  in  attendance  at  such  camps ;  to  pre- 
scribe regulations  for  the  government  of  such  corps;  and  to  authorize,  in  his 
discretion,  the  formation  of  company  units  thereof  into  battalion  and  regimental 
units. — June  3,  1016  (39  Stat.,  193),  Sec.  48. 

762.  Appointments  of  qualified  graduates  in  the  Officers'  Reserve  Corps  to  be 
made  by  the  President;  conditions. — The  President  alone,  under  such  regulations 
as  he  may  prescribe,  is  hereby  authorized  to  appoint  in  the  Officers'  Reserve  Corps 
any  graduate  of  the  senior  division  of  the  Reserve  Officers'  Training  Corps  who 
shall  have  satisfactorily  completed  the  further  training  provided  for  in  section 
fifty  of  this  act,  or  any  graduate  of  the  junior  division  who  shall  have  satis- 
factorily completed  the  courses  of  military  training  prescribed  for  the  senior 
division  and  the  further  training  provided  for  in  section  fifty  of  this  act,  and 
shall  have  participated  in  such  practical  instruction  subsequent  to  graduation 
as  the  Secretary  of  War  shall  prescribe,  who  shall  have  arrived  at  the  age  of 
twenty-one  years  and  who  shall  agree,  under  oath  in  writing,  to  serve  the 
United  States  in  the  capacity  of  a  reserve  officer  of  the  Army  during  a  period 
of  at  least  ten  years  from  the  date  of  his  appointment  as  such  reserve  officer, 
unless  sooner  discharged  by  proper  authority ;  but  the  total  number  of  reserve 
officers  so  appointed  shall  not  exceed  fifty  thousand. — Sec.  49,  ibid. 

763.  Qualified  graduates  not  eligible  for  appointment  while  undergoing  post- 
graduate course. — Any  graduate  qualified  under  the  provisions  of  this  section 
undergoing  a  postgraduate  course  at  any  institution  shall  not  be  eligible  for 
appointment  as  a  reserve  officer  while  undergoing  such  postgraduate  course,  but 
his  ultimate  eligibility  upon  completion  of  such  postgraduate  course  for  such 
appointment  shall  not  be  affected  because  of  his  having  undergone  such  post- 
graduate course. — Ibid. 

764.  Commutation  of  subsistence  for  remainder  of  course  may  be  furnished 
to  members  who  have  completed  two  years  of  training. — When  any  member  of 
the  senior  division  of  the  Reserve  Officers'  Training  Corps  has  completed  two 
academic  years  of  service  in  that  division,  and  has  been  selected  for  further 
training  by  the  president  of  the  institution  and  by  its  professor  of  military 
science  and  tactics,  and  has  agreed  in  writing  to  continue  in  the  Reserve  Officers' 
Traning  Corps  for  the  remainder  of  his  course  in  the  institution,  devoting  five 
hours  per  week  to  the  military  training  prescribed  by  the  Secretary  of  War,  and 
has  agreed  in  writing  to  pursue  the  courses  in  camp  training  prescribed  by  the 
Secretary  of  War,  he  may  be  furnished,  at  the  expense  of  the  United  States, 

49392* 


134     PAY  AND  ALLOWANCES   OF   THE   ARMY,  AND    MISCELLANEOUS. 

with  commutation  of  subsistence  at  such  rate,  not  exceeding  the  cost  of  the 
garrison  ration  prescribed  for  the  Army,  as  may  be  fixed  by  the  Secretary  of 
War  during  the  remainder  of  his  service  in  the  Reserve  Officers'  Training 
Corps. — Sec.  50,  ibid. 

765.  Credit  to  ~be  given  for  military  training. — In  the  interpretation  and  exe- 
cution of  section  fifty  of  the  act  of  Congress  approved  June  third,  nineteen 
hundred  and  sixteen,  credit  shall  be  given  as  for  service  in  the  senior  division 
of  the  Reserve  Officers'  Training  Corps  to  any  member  of  that  division  for 
any  period  or  periods  of  time  during  which  such  member  has  received  or  shall 
have  received  at  an  educational  institution  under  the  direction  of  an  officer 
of  the  Army,  detailed  as  professor  of  military  science  and  tactics,  a  course  of 
military   training   substantially   equivalent  to   that  prescribed  by   regulations 
under  this  section  for  the  corresponding  period  or  periods  of  training  of  the 
senior  division,  Reserve  Officers'  Training  Corps. — Joint  Res.  No.  169,  Sept.  8, 
1916  (39  Stat.,  853). 

766.  Appointment  of  prior  graduates  of  institutions  giving  military  training 
to   Officers'  Reserve   Corps  and   as   temporary  second  lieutenants:  age   limit, 
citizenship,  etc. — Any  physically  fit  male  citizen  of  the  United  States,  between 
the  ages  of  twenty-one  and  twenty-seven  years,  who  shall  have  graduated  prior 
to  the  date  of  this  act  from  any  educational  institution  at  which  an  officer 
of  the  Army  was  detailed  as  professor  of  military  science  and  tactics,  and  who, 
while  a  student  at  such  institution,   completed  courses  of  military  training 
under  the  direction  of  such  professor  of  military  science  and  tactics ,  substan- 
tially equivalent  to  those  prescribed  pursuant  to  this  act  for  the  senior  division, 
shall,  after  satisfactorily  completing  such  additional  practical  military  train- 
ing as  the  Secretary  of  War  shall  prescribe,  be  eligible  for  appointment  to  the 
Officers'  Reserve  Corps  and  as  a  temporary  additional  second  lieutenant  in 
accordance  with  the  terms  of  this  act. — Sec.  51,  act  of  June  3,  1916  (39  Stat., 
193). 

767.  Appointment  of  reserve  officers  as  temporary  second  lieutenants  of  Regu- 
lar Army  in  time  of  peace  for  purpose  of  instruction  to  be  made  by  President. — 

The  President  alone  is  hereby  authorized  to  appoint  and  commission  as  a 
temporary  second  lieutenant  of  the  Regular  Army  in  time  of  peace  for  pur- 
poses of  instruction,  for  a  period  not  exceeding  six  months,  with  the  allowances 
now  provided  by  law  for  that  grade,  but  with  pay  at  the  rate  of  $100  per  month, 
any  reserve  officer  appointed  pursuant  to  sections  forty-nine  and  fifty-one  of 
this  act  and  to  attach  him  to  a  unit  of  the  Regular  Army  for  duty  and  train- 
ing during  the  period  covered  by  his  appointment  as  such  temporary  second 
lieutenant,  and  upon  the  expiration  of  such  service  with  the  Regular  Army 
such  officer  shall  revert  to  his  status  as  a  reserve  officer. — Sec.  52,  ibid,  194. 

768.  Reserve  officers  and  temporary  second  lieutenants  not  entitled  to  retire- 
ment  or  retired   pay;   pensionable   stoJus. — No   reserve  officer   or   temporary 
second  lieutenant  appointed  pursuant  to  this  act  shall  be  entitled  to  retirement 
or  to  retired  pay  and  shall  be  eligible  for  pension  only  for  disability  incurred 
in  line  of  duty  in  active  service  or  while  serving  with  the  Regular  Army  pur- 
suant to  the  provisions,  of  this  act. — Sec.  53,  Ibid. 

769.  In  time  of  war  reserve  officers  may  be  assigned  to  active  duty  in  any 
grades  not  below  second  lieutenant,  and  are  subject  to  rules  and  articles  of 
war. — In  time  of  war  the  President  may  order  reserve  officers  appointed  under 


PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND  MISCELLANEOUS.    135 

the  provisions  of  this  act  to  active  duty  with  any  of  the  military  forces  of 
the  United  States  in  any  grades  not  below  that  of  second  lieutenant,  and  while 
on  such  active  duty  they  shall  be  subject  to  the  Rules  and  Articles  of  War. — 
Ibid. 

770.  Adjutant  General  to  keep  revised  list  of  civilians  who  have  received 
military  training  at  educational  institutions  qualifying  them  for  appointment  as 
commissioned  officers. — The  Adjutant  General  of  the  Army  shall,  under  the 
direction  and  supervision  of  the  Secretary  of  War,  obtain,  compile,  and  keep 
continually   up   to   date   all   obtainable   information   as   to   the  names,   ages, 
addresses,   occupations,   and  qualifications   for   appointment   as   commissioned 
officers  of  the  Army,  in  time  of  war  or  other  emergency,  of  men  of  suitable 
ages  who,  by  reason  of  having  received  military  training  in  civilian  educational 
institutions  or  elsewhere,   may   be   regarded   as   qualified   and   available  for 
appointment  as  such  commissioned  officers. — Ibid. 

CITIZENS'  TRAINING  CAMPS. 

771.  Camps  of  instruction  for  training  of  civilians;  equipment,  transporta- 
tion, subsistents,  sales,  etc. — The  Secretary  of  War  is  hereby    authorized    to 
maintain,   upon   military   reservations   or  elsewhere,   camps   for   the   military 
instruction  and  training  of  such  citizens  as  may  be  selected  for  such  instruction 
and  training,  upon  their  application  and  under  such  terms  of  enlistment  and 
regulations  as  may  be  prescribed  by  the  Secretary  of  War ;  to  use,  for  the  pur- 
pose of  maintaining  said  camps  and  imparting  military  instruction  and  training 
thereat,  such    arms,    ammunition,    accouterments,    equipments,    tentage,    field 
equipage,  and  transportation  belonging  to  the  United  States  as  he  may  deem 
necessary;   to  furnish,  at  the  expense  of  the  United   States,  uniforms,  sub- 
sistence, and  medical  supplies  to  persons  receiving  instruction  at  said  camp 
during  the  period  of  their  attendance  thereat,  to  authorize  such  expenditures, 
from  proper  Army  appropriations,  as  he  may  deem  necessary  for  water,  fuel, 
light,  temporary  structures,  not  including  quarters  for  officers  nor  barracks 
for  men,  screening,  and  damages  resulting  from  field  exercises,  and  other  ex- 
penses incidental  to  the  maintenance  of  said  camps,  and  the  theoretical  winter 
instruction  in  connection  therewith ;  and  to  sell  to  persons  receiving  instruction 
at  said  camps,  for  cash  and  at  cost  price  plus  ten  per  centum,  quartermaster 
and  ordnance  property,  the  amount  of  such  property  sold  to  any  one  person  to 
be  limited  to  that  which  is  required  for  his  proper  equipment. — Sec.  54,  act  of 
June  8,  1916  (39  Stat.,  194). 

772.  Proceeds  of  sales;  how  long  available. — All  moneys  arising  from  such 
sales  shall  remain  available  throughout  the  fiscal  year  following  that  in  which 
the  sales  are  made,  for  the  purpose  of  that  appropriation    from    which    the 
property  sold  was  authorized  to  be  supplied  at  the  time  of  the  sale. — Ibid. 

773.  Course  of  instruction  to  be  prescribed  by  Secretary  of  War,  and  detail 
of  officers  and  enlisted  men  of  the  Regular  Army  for  duty  in  connection  there- 
witli. — The  Secretary  of  War  is  authorized  further  to  prescribe  the  courses  of 
theoretical  and  practical  instruction  to  be  pursued  by  persons  attending  the 
camps  authorized  by  this  section ;  to  fix  the  periods  during  which  such  camps 
shall  be  maintained;  to  prescribe  rules  and  regulations  for    the   government 
thereof;  and  to  employ  thereat  officers  and  enlisted  men  of  the  Regular  Army 
in  such  numbers  and  upon  such  duties  as  he  may  designate. — Ibid. 


136    PAY   AND  ALLOWANCES   OF   THE   ARMY,  AND   MISCELLANEOUS. 

774.  Travel  allowance. — That  so  much  of  section  fifty-four  of  the  act  of  June 
third,  nineteen  hundred  and  sixteen,  entitled  "  An  Act  for  making  further  and 
more  effectual  provision  for  the  national  defense,  and  for  other  purposes,"  as 
relates  to  the  transportation  of  citizens  who,  conformably  to  such  regulations 
as  the  Secretary  of  War  may  prescribe,  attend  training  camps  be,  and  the  same 
is  hereby  amended  so  as  to  provide  that  said  citizens  shall  be  paid  as  traveling 
allowances  three  and  one-half  cents  per  mile  for  the  distance  by  the  shortest 
usually  traveled  route  from  the  places  from  which  they  are  authorized  to  pro- 
ceed to  the  camp  and  for  the  return  travel  thereto:  Provided  further,  That 
the  payment  of  travel  pay  for  the  return  journey  may  be  made  in  advance  of 
the  actual  performance  of  travel. — Act  of  May  12,  1917  (40  titat.,  HO). 

775.  Pay  of  candidates,  Officers'  Reserve  Corps,  during  training. — That  the 
Secretary  of  War  is  hereby  authorized  out  of  this  appropriation  to  pay  to  per- 
sons designated  by  him  for  training  as  officers  in  the  Army  during  the  period 
of  their  training  the  sum  of  not  to  exceed  $100  per  month  in  addition  to  the 
allowances  authorized  by   said   section  fifty-four :   Provided,  That  they   shall 
agree  to  accept  appointment  in  the  Officers'  Reserve  Corps  in  such  grade  as  may 
be  tendered  by  the  Secretary  of  War— Act  of  May  12,  1917  (40  Stat.,  70). 

776.  Appropriation  for  maintenance  of  camps  on  miilitary  reservations,  etc., 
for  training  civilians. — To  provide  for  the  expense  of  maintaining,  upon  mili- 
tary reservations  or  elsewhere,  camps  for  the  military  instruction  and  training 
of  such  citizens  as  may  be  selected  for  such  instruction  and  training,  under 
such  regulations  as  may  be  prescribed  by  the  Secretary  of  War,  and  to  furnish 
to  said  citizens  the  subsistence,  transportation,  and  uniforms  authorized  by  the 
act  of  Congress  approved  June  third,  nineteen  hundred  and  sixteen,  *    *    *    . — 
Act  of  Aug.  29,  1916  (39  Stat.,  648). 

RIFLE  RANGES  FOR  CIVILIAN  INSTRUCTION. 

777.  Secretary  of  War  to  submit  estimates. — The  Secretary  of  War  shall 
annually  submit  to  Congress  recommendations  and  estimates  for  the  estab- 
lishment and  maintenance  of  indoor  and  outdoor  rifle  ranges,  under  such  a 
comprehensive  plan  as  will  ultimately  result  in  providing  adequate  facilities 
for  rifle  practice  in  all  sections  of  the  country. — Sec.  113,  act  of  June  3,  1916 
(89  Stat.,  211). 

778.  Who  may  participate. — All  ranges  so  established  and  all  ranges  which 
may  have  already  been  constructed,  in  whole  or  in.  part,  with  funds  provided  by 
Congress  shall  be  open  for  use  by  those  in  any  branch  of  the  military  or  naval 
service  of  the  United  States  and  by  all  able-bodied  males  capable  of  bearing 
arms,  under  reasonable  regulations  to  be  prescribed  by  the  controlling  authori- 
ties and  approved  by  the  Secretary  of  War. — Ibid. 

779.  Same. — That  all  home  guards,  State  troops,  and  militia  receiving  arms 
and  equipments  as  herein  provided  shall  have  the  use,  in  the  discretion  of  the 
Secretary  of  War  and  under  such  regulations  as  he  may  prescribe,  of  rifle 
ranges  owned  or  controlled  by  the  United  States  of  America. — Act  <>f  -June  /'/. 
191"  (40  Stat.,  181). 

780.  Instructors,  arms,  etc.,  to  be  furnished. — That  the  President  may  detail 
capable  officers  and  noncommissioned  officers  of  the  Krguljir  Army  and  Na- 
tional Guard  to  duty  at  such  ranges  as  instructors  for  the  purpose  of  Iniinin.ir 


PAY  AND  ALLOWANCES   OF   THE   ARMY,  AND   MISCELLANEOUS.    137 

the  citizenry  in  the  use  of  the  military  arm.  Where  rifle  ranges  shall  have  been 
so  established  and  instructors  assigned  to  duty  thereat,  the  Secretary  of  War 
shall  be  authorized  to  provide  for  the  issue  of  a  reasonable  number  of  standard 
military  rifles  and  such  quantities  of  ammunition  as  may  be  available  for  use 
in  conducting  such  rifle  practice. — Sec.  113,  act  of  June  3,  1916  (39  Stat.,  211). 

781.  Establishment   and   maintenance   of,    appropriation    for. — To    establish 
and  maintain  indoor  and  outdoor  rifle  ranges  for  the  use  of  all  able-bodied 
males  capable  of  bearing  arms,  under  reasonable  regulations  to  be  prescribed 
by  the  National  Board  for  Promotion  of  Rifle  Practice  and  approved  by  the 
Secretary  of  War ;  to  provide  standard  military  arms  and  ammunition,  indoor 
gallery  rifles  and  ammunition ;  for  the  employment  of  labor  in  connection  with 
the  establishment  of  outdoor  and  indoor  rifle  ranges,  including  labor  in  operat- 
ing targets  ;  for  the  employment  of  instructors  ;  for  clerical  services  ;  for  prizes, 
trophies,  badges,  and  other  insignia ;  for  the  transportation  of  employees,  in- 
structors, and  civilians  to  engage  in  practice;  for  the  purchase  of  materials, 
supplies,  and  services,  and  for  expenses  incidental  to  instruction  of  citizens  of 
the  United  States  in  marksmanship,  to  be  expended  under  the  direction  of  the 
Secretary  of  War  and  to  remain  available  until  expended. — Act  of  Aug.  29, 
1916  (39  Stat.,  648).     See  also  annual  appropriation  acts. 

782.  Director  of  civilian  marksmanship. — The  President  be,  and  he  is  hereby 
authorized,  in  his  discretion,  to  appoint,  as  director  of  civilian  marksmanship, 
under  the  direction  of  the  Secretary  of  War,  an  officer  of  the  Army  or  of  the 
Marine  Corps. — Ibid. 

NATIONAL   RIFLE   MATCH. 

783.  Annual  appropriation  for^—The  sum  of    *     *     *    is  authorized  to  be 
expended  for  supplying  meals  or  furnishing  commutation  of  rations  to  enlisted 
men  of  the  Regular  Army  and  the  Organized  Militia  who  may  be  competitors  in 
the  national  rifle  match. — Annual  appropriation  acts. 

784.  Amount  allowed  for  meals  or  commutation  of  rations  to  competitors. — 
No  competitor  shall  be  entitled  to  commutation  of  rations  in  excess  of  one 
dollar  and  fifty  cents  per  day,  and  when  meals  are  furnished  no  greater  expense 
than  that  sum  per  man  per  day  for  the  period  the  contest  is  in  progress  shall 
be  incurred. — Annual  appropriation  acts. 

785.  Payment  of  transportation  of  teams  authorized  to  participate  in. — ITor 
the  payment  of  transportation  of  teams  authorized  by  the  Secretary  of  War  to 
participate  in  the  national  matches,  sixty  thousand  dollars:  Provided,  That 
this  amount  shall  be  proportioned  among  the  several  States,  Territories,  and 
the  District.of  Columbia,  according  to  the  distance  from  the  seat  of  government 
to  the  place  where  the  national  matches  are  to  be  held :  And  provided  further, 
That  the  governors  of  the  States  or  Territories  or  the  Board  of  Commissioners 
of  the  District  of  Columbia  may  designate  which  team  or  teams  shall  attend 
from  their  respective  States,  Territories,  or  District  of  Columbia. — Act  of  Aug. 
29,1916  (39  Stat.,  6V/8). 

NOTE. — Bulletin  No.  37,  War  Department,  1916,  authorizes  the  attendance  of  civilian 
teams  at  national  rifle  matches. 

REGULAR  ARMY  RESERVE. 

786.  Composition  of. — The  Regular  Army  Reserve  shall  consist  of,  first,  all 
enlisted  men  now  in  the  Army  Reserve  or  who  shall  hereafter  become  mem- 


138    PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND  MISCELLANEOUS. 

bers  of  the  Army  Reserve  under  the  provisions  of  existing  law;  second,  all 
enlisted  men  furloughed  to  or  enlisted  in  the  Regular  Army  Reserve  under  the 
provisions  of  this  act;  and,  third,  any  person  holding  an  honorable  discharge 
from  the  Regular  Army  with  character  reported  at  least  good  who  is  physically 
qualified  for  the  duties  of  a  soldier  and  not  over  forty-five  years  of  age  who 
enlists  in  the  Regular  Army  Reserve  for  a  period  of  four  years. — Sec.  30,  act 
of  June  8,  1916  (89  Stat.,  187). 

NOTE. — The  Army  Reserve,  which  is  by  above  section  embodied  in  the  Regular  Army 
Reserve,  existed  under  the  following  provision  of  law  :  "  Hereafter  the  Army  Reserve  shall 
consist  of  all  enlisted  men  who,  after  having  served  not  less  than  four  years  with  the 
organizations  of  which  they  form  a  part,  shall  receive  furloughs  without  pay  and  allow- 
ances until  the  expiration  of  their  terms  of  enlistment." — Sec.  2,  act  of  Aug.  2%,  1912  (37 
8tat.}  590). 

787.  Organization,  training,  mobilisation,  etc. — The  President  is  authorized 
to  assign  members  of  the  Regular  Army  Reserve  as  reserves  to  particular  or- 
ganizations of  the  Regular  Army,  or  to  organize  the  Regular  Army  Reserve,  or 
any  part  thereof,  into  units  or  detachments  of  any  arm,  corps,  or  department 
in  such  manner  as  he  may  prescribe,  and  to  assign  to  such  units  and  detach- 
ments officers  of  the  Regular  Army  or  of  the  Officers'  Reserve  Corps  herein 
provided  for;  and  he  may  summon  the  Regular  Army  Reserve  or  any  part 
thereof  for  field  training  for  a  period  not  exceeding  fifteen  days  in  each  year, 
the  reservists  to  receive  travel  expenses  and  pay  at  the  rate  of  their  respective 
grades  in  the  Regular  Army  during  such  periods  of  training;  and  in  the  event 
of  actual  or  threatened  hostilities  he  may  mobilize  the  Regular  Army  Reserve  in 
such  manner  as  he  may  determine,  and  thereafter  retain  it,  or  any  part  thereof, 
in  active  service  for  such  period  as  he  may  determine  the  conditions  demand. — 
Sec.  81,  ibid. 

788.  Enlistments  in  the  Regular  Army  and  in  Regular  Army  Reserve,  in 
force  at  outbreak  of  war,  to  continue  for  one  year. — All  enlistments  in  the 
Regular  Army,  including  those  in  the  Regular  Army  Reserve,  which  are  in 
force  on  the  date  of  the  outbreak  of  war  shall  continue  in  force  for  one  year, 
unless  sooner  terminated  by  order  of  the  Secretary  of  War,  but  nothing  herein 
shall  be  construed  to  shorten  the  time  of  enlistment  prescribed. — Ibid. 

789.  Annual  rate  of  pay  for  members. — Subject  to  such  regulations  as  the 
President  may  prescribe  for  their  proper  identification,  and  location,  and  physi- 
cal condition,  the  members  of  the  Regular  Army  Reserve  shall  be  paid  semi- 
annually  at  the  rate  of  twenty-four  dollars  a  year  while  in  the  reserve. — Ibid. 

790.  Active-service  pay. — When  mobilized  by   order  of  the  President,   the 
members  of  the  Regular  Army  Reserve  shall,  so  long  as  they  may  remain  in 
active  service,  receive  the  pay  and  allowances  of  enlisted  men  of  "the  Regular 
Army  of  like  grades. — Sec.  82,  ibid. 

791.  Continuous-service  pay  during  active  service. — Any  enlisted  man  who 
shall  have  reenlisted  in  the  Regular  Army  Reserve  shall  receive  during  such 
active  service  the  additional  pay  now  provided  by  law  for  enlisted  men  in  his 
arm  of  the  service  in  the  second  enlistment  period. — Ibid. 

792.  Commutation  of  quarters,  heat,  and  light. — For  commutation  of  quar- 
ters and  of  heat  and  light  to    *    *    *    enlisted  men  of  the  Regular  Army  Re- 
serve   *    *    *    when  ordered  to  active  duty. — See  annual  appropriation  acts. 


PAY  AND  ALLOWANCES   OF   THE   ARMY,  AND   MISCELLANEOUS.     139 

71)3.  Bounty  of  reservists  upon  reporting  for  active  duty. — Upon  reporting 
for  duty,  and  being  found  physically  fit  for  service,  members  of  the  Regular 
Army  Reserve  shall  receive  a  sum  equal  to  $3  per  month  for  each  month  during 
which  they  shall  have  belonged  to  the  reserve,  as  well  as  the  actual  necessary 
cost  of  transportation  and  subsistence  from  their  homes  to  the  places  at 
which  they  may  be  ordered  to  report  for  duty  under  such  summons. — Sec.  32, 
act  of  June  3,  1916  (89  Stat.,  188). 

794.  Not  entitled  to  retirement  or  retired  pay;  pensionable  status. — Service 
in  the  Regular  Army  Reserve  shall  confer  no  right  to  retirement  or  retired 
pay,  and  members  of  the  Regular  Army  Reserve  shall  become  entitled  to  pension 
only  through  disability   incurred   while  on   active  duty  in  the  service  of  the 
United  States. — Ibid. 

795.  Use  of  Government  employees  of  departments  for  paying,  mobilizing, 
etc. — The  President  may,  subject  to  such  rules  and  regulations  as  in  his  judg- 
ment may  be  necessary,  utilize  the  services  of  members  and  employees  of  all 
departments  of  the  Government  of  the  United  States,  without  expense  to  the 
individual  reservist,   for  keeping  in   touch  with,  paying,   and   mobilizing  the 
Regular  Army  Reserve,  the  Enlisted  Reserve  Corps,  and  other  reserve  organi- 
zations.— Sec.  33,  ibid. 

ENLISTED  RESERVE  CORPS. 

796.  Enlisted  reserve  for  staff  departments. — For  the  purpose  of  securing  an 
additional  reserve  of  enlisted  men  for  military  service  with  the  Engineer,  Signal, 
and  Quartermaster  Corps  and  the  Ordnance  and  Medical  Departments  of  the 
Regular  Army,  an  Enlisted  Reserve  Corps,  to  consist  of  such  number  of  en- 
listed men  of  such  grade  or  grades  as  may  be  designated  by  the  President 
from  time  to  time,  is  hereby  authorized,  such  authorization  to  be  effective  on 
and  after  the  first  day  of  July,  nineteen  hundred  and  sixteen. — Sec.  55,  act  of 
June  3,  1916  (39  Stat.,  195). 

797.  Qualifications  for  enlistment,  issuance  of  certificates  of  enlistment,  rights 
conferred,  etc. — For  the  purpose  of  securing  an  additional  reserve  of  enlisted 
men  for  military  service  with  the  Engineer,  Signal,  and  Quartermaster  Corps 
and  the  Ordnance  and  Medical  Departments  of  the  Regular  Army,  an  Enlisted 
Reserve  Corps,  to  consist  of  such  number  of  enlisted  men  of  such  grade  or 
grades  as  may  be  designated  by  the  President  from  time  to  time,  is  hereby 
authorized,  such  authorization  to  be  effective  on  and  after  the  first  day  of  July, 
nineteen  hundred  and  sixteen. 

There  may  be  enlisted  in  the  grade  or  grades  hereinbefore  specified,  for  a 
period  of  four  years,  under  such  rules  as  may  be  prescribed  by  the  President, 
citizens  of  the  United  States,  or  persons  who  hive  declared  their  intentions  to 
become  citizens  of  the  United  States,  subject  to  such  phsyical,  educational,  and 
practical  examination  as  may  be  prescribed  in  said  rules.  For  men  enlisting 
in  said  grade  or  grades  certificates  of  enlistment  in  the  Enlisted  Reserve  Corps 
shall  be  issued  by  The  Adjutant  General  of  the  Army,  but  no  such  man  shall 
be  enlisted  in  said  corps  unless  he  shall  be  found  physically,  mentally,  and 
morally  qualified  to  hold  such  certificate  and  unless  he  shall  be  between  the 
ages  of  eighteen  and  forty-five  years.  The  certificates  so  given  shall  confer 
upon  the  holders  when  called  into  active  service  or  for  purposes  of  instruction 
and  training,  and  during  the  period  of  such  active  service,  instruction,  or 
training,  all  the  authority,  rights,  and  privileges  of  like  grades  of  the  Regular 
Army.  Enlisted  men  of  the  Enlisted  Reserve  Corps  shall  take  precedence  in 


140    PAY  AND  ALLOWANCES  OF  THE  AKMY,  AND  MISCELLANEOUS. 

said  corps  according  to  the  dates  of  their  certificates  of  enlistment  therein  and 
when  called  into  active  service  or  when  called  out  for  purposes  of  instruction 
or  training  shall  take  precedence  next  below  all  other  enlisted  men  of  like 
grades  in  the  Regular  Army. — Ibid. 

798.  Rosettes  or  knots  to  be  issued  to  members  and  to  persons  attending  at 
laest  one  encampment  for  military  instruction  of  citizens. — And  the  Secretary 
of  War  is  hereby  authorized  to  issue  to  members  of  the  Enlisted  Reserve  Corps 
and  to  persons  who  have  participated  in  at  least  one  encampment  for  the  mil- 
itary instruction  of  citizens,  conducted  under  the  auspices  of  the  War  Depart- 
ment, distinctive  rosettes  or  knots  designed  for  wear  with  civilian  clothing, 
and  whenever  a  rosette  or  knot  issued  under  the  provisions  of  this  section 
shall  have  been  lost,  destroyed,  or  rendered  unfit  for  use  without  fault  or 
neglect  upon  the  part  of  the  person  to  whom  it  is  issued,  the  Secretary  of  War 
shall  cause  a  new  rosette  or  knot  to  be  issued  to  such  person  without  charge 
therefor.— Ibid. 

799.  Penalty  for  wearing  rosette  or  knot  when  not  entitled  thereto. — Any  per- 
son who  is  not  an  enlisted  man  of  the  Enlisted  Reserve  Corps  and  shall  not 
have  participated  in  at  least  one  encampment  lor  the  military  instruction  of 
citizens,  conducted  under  the  auspices  of  the  War  Department,  and  who  shall 
wear  such  rosette  or  knot  shall  be  guilty  of  misdemeanor  punishable  by  a  fine 
of  not  exceeding  $300,  or  imprisonment  not  exceeding  six  months,  or  both. — 
Ibid. 

800.  Assignment  of  members  to  organizations  of  the  Regular  Army,  etc. — The 
President  is  authorized  to  assign  members  of  the  Enlisted  Reserve  Corps  as 
reserves  to  particular  organizations  of  the  Regular  Army,  or  to  organize  the 
Enlisted  Reserve  Corps,  or  any  part  thereof,  into  units  or  detachments  of  any 
arm,  corps,  or  department  in  such  manner  as  he  may  prescribe,  and  to  assign 
to  such  units  and  detachments  officers  of  the  Regular  Army  or  of  the  Officers' 
Reserve  Corps,  herein  provided  for. — Ibid. 

801.  May  be  ordered  to  active  service  annually  for  purpose  of  instruction  or 
training. — To  the  extent  provided  from  time  to  time  by  appropriations  the  Sec- 
retary of  War  may  order  enlisted  men  of  the  Enlisted  Reserve  Corps  to  active 
service  for  purposes  of  instruction  or  training  for  periods  not  to  exceed  fifteen 
days  in  any  one  calendar  year :  Provided,  That,  with  the  consenf  of  such  en- 
listed men  and  within  the  limits  of  funds  available  for  such  purposes,  such 
periods  of  active  service  may  be  extended  for  such  number  of  enlisted  men  as 
may  be  deemed  necessary. — Ibid. 

802.  Pay  and  allowances  while  in  active  service. — Enlisted  men  of  the  En- 
listed Reserve  Corps  shall  receive  the  pay  and  allowances  of  their  respective 
grades,  but  only  when  ordered  into  active  service,  including  the  time  required 
for  actual  travel  from  their  homes  to  the  places  to  which  ordered  and  return  to 
their  homes. — Ibid.,  p.  196. 

808.  Not  entitled  to  retirement  or  retired  pay;  pensionable  status.* — Said  en- 
listed men  shall  not  be  entitled  to  retirement  or  retirement  pay,  nor  shall  they 
be  entitled  to  pensions  except  for  physical  disability  incurred  in  line  of  duty 
while  in  active  service  or  while  traveling  under  orders  of  competent  authority 
to  or  from  designated  places  of  duty. — Ibid. 


PAY  AND  ALLOWANCES   OF   T?HE   ARMY,  AND   MISCELLANEOUS.    141 

804.  Uniform  to  be  same  as  for  enlisted  men  of  Regular  Army  and  to  be  issued 
in  kind. — The  uniform  to  be  worn  by  enlisted  men  of  the  Enlisted  Reserve 
Corps,  except  corps  insignia,  shall  be  the  same  as  prescribed  for  enlisted  men 
of  the  Regular  Army  Reserve,  and  that  in  lieu  of  any  money  allowance  for 
clothing  there  shall  be  issued  to  each  enlisted  man  of  the  Enlisted  Reserve 
Corps  in  time  of  peace  such  articles'  of  clothing  and  equipment  as  the  President 
may  direct. — Ibid. 

805.  Clothing  or  other  equipment  to  remain  property  of  United  States. — Any 
clothing  or  other  equipment  issued  to  any  enlisted  man  of  the  said  corps  shall 
remain  the  property  of  the  United  States,  and  in  case  of  loss  or  destruction  of 
any  article,  the  article  so  lost  or  destroyed  shall  be  replaced  by  issue  to  the 
enlisted  man  and  the  value  thereof  deducted  from  any  pay  due  or  to  become 
due  him,  unless  it  shall  be  made  to  appear  that  such  loss  or.  destruction  was 
not  due  to  neglect  or  other  fault  on  his  part. — Ibid. 

806.  Unserviceable  clothing  and  equipment  to  be  replaced. — Any  clothing  or 
other  equipment  issued  to  enlisted  men  of  the  Enlisted  Reserve  Corps  which 
shall  have  become  unserviceable  through  ordinary  wear  and  tear  in  the  service 
of  the  United  States  shall  be  received  back  by  the  United  States  and  serviceable 
like  articles  issued  in  lieu  thereof. — Ibid. 

807.  Arms,  clothing,  etc.,  issued,  to  be  accounted  for  on  discharge. — When 
enlisted  men  of  the  Enlisted  Reserve  Corps  shall  be  discharged  or  otherwise 
separated  from  the  service,  all  arms,  equipage,  clothing,  and  other  property 
issued  to  them  shall  be  accounted  for  under  such  regulations  as  may  be  pre- 
scribed by  the  Secretary  of  War. — Ibid. 

808.  Enlisted  men  ordered  to  active  duty  subject  to  rules  and  Articles  of 
Wa>r. — Any  enlisted  man  of  the  Enlisted  Reserve  Corps  ordered  to  active  service 
or  for  purposes  of  instruction  or  training  shall,  from  the  time  he  is  required  by 
the  terms  of  the  order  to  obey  the  same,  be  subject  to  the  laws  'and  regulations 
for  the  government  of  the  Army  of  the  United  States. — Ibid. 

809.  May  be  discharged  when  services  are  no  longer  required  or  for  miscon- 
duct.— The  Secretary  of  War  is  hereby  authorized  to  discharge  any  enlisted 
member  of  the  Enlisted  Reserve  Corps  when  his  services  shall  be  no  longer 
required,  or  when  he  shall  have  by  misconduct  unfitted  himself  for  further 
service  in  the  said  corps. — Ibid. 

810.  To  forfeit  certificate  of  enlistment  for  failure  to  comply  with  order  as- 
signing to  active  duty. — Any  enlisted  man  of  said  corps  who  shall  be  ordered 
upon  active  duty  as  herein  provided  and  who  shall  willfully  fail  to  comply  with 
the  terms  of  the  order  so  given  him  shall,  in  addition  to  any  qther  penalty  to 
which  he  may  be  subject,  forfeit  his  certificate  of  enlistment. — Ibid. 

811.  May  be  ordered  to  active  duty  in  time  of  threatened  or  actual  hostili- 
ties.—In  time  of  actual  or  threatened  hostilities  the  President  may  order  the 
Enlisted  Reserve  Corps,  in  such  numbers  and  at  such  times  as  may  be  consid- 
ered necessary,  to  active  service  with  the  Regular  Army,  and  while  on  such 
service  members  of  said  corps  shall  exercise  command  appropriate  to  their 
several  grades  and  rank  in  the  organizations  to  which  they  shall  be  assigned 
and  shall  be  entitled  to  the  pay  and  allowances  of  the  corresponding  grades 
in  the  Regular  Army,  with  increase  of  pay  for  length  of  service  as  now  allowed 
by  law  for  the  Regular  Army. — Ibid. 


142    PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND   MISCELLANEOUS. 

812.  May  be  mustered  into  the  Volunteer  service  with  grades  held  in  said 
corps;  pay,  allowances,  etc. — Upon  a  call  by  the  President  for  a  volunteer  force 
the  members  of  the  Enlisted  Reserve  Corps  may  be  mustered  into  the  service 
of  the  United  States  as  volunteers  for  duty  with  the  Army  in  the  grades  held 
by  them  in  the  said  corps,  and  shall  be  entitled  to  the  pay  and  allowances  of 
the   corresponding  grades   in  the   Regular   Army,   with  increase  of  pay   for 
length  of  service,  as  now  provided  by  law  for  the  Regular  Army. — Ibid. 

813.  Certificate  of  enlistment  does  not  give  vested  right  to  be  mustered  into 
Volunteeer  service  of  the  United  States. — Enlisted  men  of  the  Enlisted  Reserve 
Corps  shall  not  acquire  by  virtue  of  issuance  of  certificates  of  enlistment  to 
them  a  vested  right  to  be  mustered  into  the  Volunteer  service  of  the  United 
States.— Ibid. 

UNITED  STATES  DISCIPLINARY  BARRACKS. 

814.  Establishment  of.— The  United   States  Military  Prison,  Fort  Leaven- 
worth,  Kansas,  shall  hereafter  be  known  as  the  United  States  Disciplinary 
Barracks.— Sec.  2,  act  of  Mar.  4,  1915  (38  Stat.,  1084). 

815.  Criminals  convicted  by  courts-martial,  etc.,  to  be  confined  in  Federal, 
State,  etc.,  penitentiaries;  confinement  in  disciplinary  barracks. — Persons  sen- 
tenced to  confinement  upon  conviction  by  courts-martial  or  other  military  tribu- 
nals of  crimes  or  offenses  which,  under  some  statute  of  the  United  States  or 
under  some  law  of  the   State,   Territory,   District,   or  other  jurisdiction   in 
which  the  crime  or  offense  may  be  committed,  are  punishable  by  confinement  in 
a  penitentiary,   including  persons  sentenced   to  confinement  upon   conviction 
by  courts-martial  or  other  military  tribunals  of  two  or  more  acts  or  omissions, 
any  one  of  which,  under  the  Statute  or  other  law  hereinbefore  mentioned,  con- 
stitutes or  includes  a  crime  or  offense  punishable  by  confinement  in  a  peni- 
tentiary, may  be  confined  at  hard  labor,  during  the  entire  period  of  confine- 
ment so  adjudged,  in  any  United  States,  State,  Territorial,  or  District  peni- 
tentiary, or  in  any  other  penitentiary  directly  or  indirectly  under  the  jurisdic- 
tion of  the  United   States;   and  all  persons  sentenced  to  confinement  upon 
conviction  by  courts-martial  or  other  military  tribunals  who  are  not  confined 
in  a  penitentiary  may  be  confined  and  detained  in  the  United  States  Dis- 
ciplinary Barracks. — Ibid. 

816.  Control,  etc.,  of. — The  government  and  control  of  the  United  States  Dis- 
ciplinary Barracks  and  of  all  offenders  sent  thereto  for  confinement  and  de- 
tention therein  shall  be  vested  in  The  Adjutant  General  of  the  Army  under  the 
direction  of  the  Secretary  of  War,  who  shall  from  time  to  time  make  such 
regulations  respecting  the  same  as  may  be  deemed  necessary,  and  who  shall 
submit  annually  to  Congress  a  full  statement  of  the  financial  and  other  affairs 
of  said  institution  for  the  preceding  fiscal  year. — Ibid. 

817.  Commandant,  etc.,  detail  from  the  Army. — The  officers  of  the  United 
States  Disciplinary  Barracks  shall  consist  of  a  commandant  and  such  sub- 
ordinate officers  as  may  be  necessary,  who  shall  be  detailed  by  the  Secretary 
of  War  from  the  commissioned  officers  of  the  Army  at  Large. — Ibid. 

818.  Enlisted  men  to  serve  as  guards,  etc.,  one  guard  to  have  the  rank,  pay, 
etc.,  of  a  battalion  sergeant  major. — In  addition  to  detailing  for  duty  at  said 
disciplinary  barracks  such  number  of  enlisted  men  of  the  Staff  Corps  and 
departments  as  he  may  deem  necessary,  the  Secretary  of  War  shall  assign  a 


PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND  MISCELLANEOUS.    143 

sufficient  number  of  enlisted  men  of  the  line  of  the  Army  for  duty  as  guards 
at  said  disciplinary  barracks  and  as  noncommissioned  officers  of  the  disciplinary 
organizations  hereinafter  authorized.  Said  guards,  and  also  the  enlisted  men 
assigned  for  duty  as  noncommissioned  officers  ol  disciplinary  organizations, 
shall  be  detached  from  the  line  of  the  Army,  or  enlisted  for  the  purpose ;  and 
said  guards  shall  be  organized  as  Infantry,  with  noncommissioned  officers, 
musicians,  artificers,  and  cooks  of  the  number  and  grades  allowed  by  law  for 
Infantry  organizations  of  like  strength:  Provided,  That  at  least  one  of  said 
guards  shall  have  the  rank,  pay,  and  allowances  of  a  battalion,  sergeant 
major. — Ibid. 

819.  Authority  of  commandant;  employment  of  offenders. — The  commandant 
of  the  United  States  Disciplinary  Barracks  shall  have  command  thereof  and 
charge  and  custody  of  all  offenders  sent  thereto  for  confinement  and  detention 
therein ;  shall  govern  such  offenders  and  cause  them  to  be  employed  at  such  labor 
and  in  such  trades  and  to  perform  such  duties  as  may  be  deemed  best  for  their 
health  and  reformation  and  with  a  view  to  their  honorable  restoration  to  duty 
or  their  reenlistment  as  hereinafter  authorized ;  shall  cause  note  to  be  taken  and 
a  record  to  be  made  of  the  conduct  of  such  offenders;  and  may  shorten  the 
daily  time  of  hard  labor  of  those  who  by  their  obedience,  honesty,  industry,  and 
general  good  conduct  earn  such  favors — all  under  such  regulations  as  the  Sec- 
retary of  War  may  from  time  to  time  prescribe. — Ibid. 

820.  Military  training  of  offenders,  etc. — The  Secretary  of  War  shall  pro- 
vide for  placing  under  military  training  those  offenders  sent  to  the  United 
States  Disciplinary  Barracks  for   confinement   and   detention   therein   whose 
record  and  conduct  are  such  as  to  warrant  the  belief  that  upon  the  completion 
of  a  course  of  military  training  they  may  be  worthy  of  an  honorable  restoration 
to  duty  or  of  being  permitted  to  reenlist ;  may  provide  for  the  organization  of 
offenders  so  placed  under  military  training  into  disciplinary  companies  and 
higher  units,  organized  as  Infantry,  with  noncommissioned  officers,  except  color 
sergeants,  selected  or  appointed  from  the  enlisted  men  assigned  to  duty  for 
that  purpose  pursuant  to  the  provisions  of  paragraph  four  hereof ;  and  may  pro- 
vide for  uniforming,  arming,  and  equipping  such  organizations. — Ibid. 

821.  Remission  of  unexecuted  portion  of  sentence  for  good  conduct,  etc. — 
Whenever  he  shall  deem  such  action  merited  the  Secretary  of  War  may  remit  the 
unexecuted  portions  of  the  sentences  of  offenders  sent  to  the  United  States  Dis- 
ciplinary Barracks  for  confinement  and  detention  therein,  and  in  addition  to 
such  remission  may  grant  those  who  have  not  been  discharged  from  the  Army 
an  honorable  restoration  to  duty,  and  may  authorize  the  reenlistment  of  those 
who  have  been  discharged  or  upon  their  written  application  to  that  end  order 
their  restoration  to  the  Army  to  complete  their  respective  terms  of  enlistment, 
and  such  application  and  order  of  restoration  shall  be  effective  to  revive  the 
enlistment  contract  for  a  period  equal  to  the  one  not  served  under  said  con- 
tract.—Ibid. 

822.  Branch   disciplinary  barracks   at   posts. — The   Secretary  -of  War  may 
from  time  to  time,  designate  any  building  or  structure  or  any  part  thereof 
under  the  control  of  the  Secretary  of  War  and  pertaining  to  the  Military 
Establishment   as   a   branch   disciplinary   barracks   for   the   confinement   and 
detention  of  offenders  whom  it  is  impracticable  to  send  to  the  United  States 
Disciplinary  Barracks  at  Fort  Leavenworth,  Kansas;  and  all  branch  discip- 
linary barracks  and  all  offenders  sent  thereto  for  confinement  and  detention 


144     PAY  AND  ALLOWANCES   OF   THE  ARMY,  AND   MISCELLANEOUS. 

therein  shall  be  subject  to  the  laws  respecting  the  United  States  Disciplinary 
Barracks  at  Fort  Leavenworth,  Kansas,  and  the  offenders  sent  thereto  for 
confinement  and  detention  therein. — Ibid. 

823.  Convicting  laws  repealed. — That  all  laws  and  parts  of  laws  in  conflict 
with  the  provisions  of  this  act  are  hereby  repealed. — Sec.  3,  Ibid. 

YOCATIONAL  INSTRUCTION   FOR  SOLDIERS. 

824.  Instruction  in  agriculture  or  mechanic  arts;  civilian  teachers  to   be 
employed. — In  addition  to  military  training,  soldiers  while  in  the  active  service 
shall  hereafter  be  given  the  opportunity  to  study  and  receive  instruction  upon 
educational  lines  of  such  character  as  to  increase  their  military  efficiency  and 
enable  them  to  return  to  civil  life  better  equipped  for  industrial,  commercial, 
and  general  business  occupations.     Civilian  teachers  may  be  employed  to  aid 
the  Army  officers  in  giving  such  instruction,  and  part  of  this  instruction  may 
consist  of  vocational  education  either  in  agriculture  or  the  mechanic  arts. — Sec. 
27,  act  of  June  3,  1916  (39  Stat.,  186). 

825.  President  to  prescribe  rules  and  regulations  for  conducting. — The  Sec- 
retary of  War,  with  the  approval  of  the  President,  shall  prescribe  rules  and 
regulations  for  conducting  the  instruction  herein  provided  for,  and  the  Secretary 
of  War  shall  have  the  power  at  all  times  to  suspend,  increase,  or  decrease  the 
amount  of  such  instruction  offered  as  may  in  his  judgment  be  consistent  with 
the  requirements  of  military  instruction  and  service  of  the  soldiers. — Ibid. 

WAR-RISK   INSURANCE. 

ABTICLK  I. 

826.  Establishment  of  Bureau  of  War  Risk  Insurance. — That  there  is  es- 
tablished in  the  Treasury  Department  a  bureau  to  be  known  as  the  Bureau  of 
War  Risk  Insurance,  the  director  of  which  shall  receive  a  salary  at  the  rate 
of  $5,000  per  annum.     That  there  be  in  such  bureau  a  Division  of  Military 
and  Naval  Insurance  in  charge  of  a  commissioner  of  Military  and  Naval  In- 
surance.— Sec.  1,  act  of  Oct.  6,  1917  (40  Stat.,  398). 

827.  Rules,  regulations,  methods,  etc. — The  director  shall  adopt  reasonable 
and  proper  rules  to  govern  the  procedure  of  the  divisions    *     *     *    and  to 
regulate  and  provide  for  the  nature  and  extent  of  the  proofs  and  evidence  and 
the  method  of  taking  and  furnishing  the  same  in  order  to  establish  the  right  to 
benefits  of  allowance,  allotment,  compensation,  or  insurance  provided  for  in 
this  act,  the  forms  of  application  of  those  claiming  to  be  entitled  to  such 
benefits,  the  method  of  making  investigations  and  medical  eaxminations,  and 
the  manner  and  form  of  adjudication  and  awards. — Sec.  13,  ibid. 

828.  Services  of  Army  and  Navy  surgeons  authorized. — The  bureau  shall,  by 
arrangement  with  the  Secretary  of  War  and  the  Secretary  of  the  Navy,  respec- 
tively,, make  use  of  the  services  of  surgeons  in  the  Army  and  Navy. — Sec.  14, 
ibid. 

829.  Information  and  reports  to  be  furnished  by  departments,  etc. — The  direc- 
tor may  obtain  such  information  and  such  reports  from  officials  and  employees 
of  the  departments  of  the  Government  of  the  United  States  and  of  the  States 
as  may  be  agreed  upon  by  the  heads  of  the  respective  departments. — Sec.  15, 
ibid. 


PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND  MISCELLANEOUS.    145 

830.  Estimates  of  appropriations  to  be  submitted. — That  the  director  shall 
submit  annually  to  the  Secretary  of  the  Treasury  estimates  of  the  appropria- 
tions necessary  for  the  work  of  the  bureau. — Sec.  16,  ibid.,  p.  400. 

831.  Premiums  collected  for  insurance  to  be  deposited. — All  premiums  that 
may  be  collected  for  the  insurance  provided  by  the  provisions  of  Article  IV 
shall  be  deposited  and  covered  into  the  Treasury  to  the  credit  of  this  appropria- 
tion (military  and  naval  insurance). — Sec.  20,  ibid. 

832.  Military  and  naval  pay  deposit  fund. — That  there  shall  be  set  aside  as 
a  separate  fund  in  the  Treasury,  to  be  known  as  the  military  and  naval  pay 
deposit  fund,  all  sums  held  out  of  pay  as  provided  by  section  two  hundred 
and  three  of  this  act.     Such  fund,  including  all  additions,  is  hereby  made  avail- 
able for  the  payment  of  the  sums  so  held  and  deposited,  with  interest,  as  pro- 
vided in  section  two  hundred  and  three,  and  the  amount  necessary  to  pay 
interest  is  hereby  appropriated. — Sec.  21,  ibid. 

833.  Marriage  to  be  established. — That  for  the  purpose  of  this  amendatory 
act  the  marriage  of  the  claimant  to  the  person  on  account  of  whom  the  claim  is 
made  shall  be  shown — 

( 1 )  By  a  duly  verified  copy  of  a  public  or  church  record ;  or 

(2)  By  the  affidavit  of  the  clergyman  or  magistrate  who  officiated;  or 

(3)  By  the  testimony  of  two  or  more  eyewitnesses  to  the  ceremony;  or 

(4)  By    a    duly   verified   copy    of   the   church    record   of   baptism    of    the 
children;  or 

(5)  By  the  testimony  of  two  or  more  witnesses  who  know  that  the  parties 
lived  together  as  husband  and  wife,  and  were  recognized  as  such,  and  who  shall 
state  how  long,   within  their  knowledge,   such   relation   continued:  Provided, 
That  marriages,  except  such  as  are  mentioned  in  section  forty-seven  hundred 
and  five  of  the  Revised  Statutes,  shall  be  proven  in  compensation  or  insurance 
cases  to  be  legal  marriages  according  to  the  law  of  the  place  where  the  parties 
resided  at  the  time  of  marriage  or  at  the  time  when  the  right  to  compensation 
or  insurance  accrued;   and  the  open  and  notorious  illicit  cohabitation  of  a 
widow  who  is  a  claimant  shall  operate  to  terminate  her  right  to  compensation 
or  insurance  from  the  commencement  of  such  cohabitation:  Provided  further, 
That  for  the  purpose  of  the  administration  of  Article  II  of  this  act  marriage 
shall  be  conclusively  presumed,  in  the  absence  of  proof,  that  there  is  a  legal 
spouse  living,  if  the  man  and  woman  have  lived  together  in  the  openly  acknowl- 
edged relation  of  husband  and  wife  during  the  two  years  immediately  preceding 
the  date  of  the  declaration  of  war,  or  the  date  of  enlistment  or  of  entrance 
into  or  employment  in  active  service  in' the  military  or  naval  forces  of  the 
United  States  if  subsequent  to  such  declaration. 

In  Articles  II,  III,  and  IV  of  this  act  unless  the  context  otherwise  requires — 

"(1)  The  term  'child'  includes— 

"(a)  A  legitimate  child. 

"(&)  A  child  legally  adopted  more  than  six  months  before  the  enactment  of 
this  amendatory  act  or  before  enlistment  or  entrance  into  or  employment  in 
active  service  in  the  military  or  naval  forces  of  the  United  States,  whichever 
of  these  dates  is  the  later. 

"(c)  A  stepchild,  if  a  member  of  the  man's  household. 

"(d)  An  illegitimate  child,  but,  as  to  the  father,  only,  if  acknowledged  by 
instrument  in  writing  signed  by  him,  or  if  he  has  been  judicially  ordered  or 
decreed  to  contribute  to  such  child's  support,  and  if  such  child,  if  born  after 
49392—18 10* 


146     PAY  AND  ALLOWANCES   OF   THE  ARMY,  AND   MISCELLANEOUS. 

December  thirty-first,  nineteen  hundred  and  seventeen,  shall  have  been  born  in 
the  United  States,  or  in  its  insular  possessions. 

"(2)  The  term  'grandchild'  means  a  child  as  above  defined  of  a  child  as 
above  defined. 

"(3)  Except  as  used  in  section  four  hundred  and  one  and  in  section  four 
hundred  and  two  the  terms  '  child '  and  '  grandchild '  are  limited  to  unmarried 
persons  either  (a)  under  eighteen  years  of  age,  or  (&)  of  any  age,  if  insane, 
idiotic,  or  otherwise*  permanently  helpless. 

"(4)  The  term  'parent'  includes  a  father,  mother,  grandfather,  grand- 
mother, stepfather,  and  stepmother,  either  of  the  person  in  the  service  or  of 
the  spouse. 

"(5)  The  terms  'brother'  and  'sister'  include  brothers  and  sisters  of  the 
half  blood  as  well  as  those  of  the  whole  blood,  stepbrothers  and  stepsisters,  and 
brothers  and  sisters  through  adoption. 

"(6)  The  term  'commissioned  officer'  includes  a  warrant  officer,  but  in- 
cludes only  an  officer  in  active  service  in  the  military  or  naval  forces  of  the 
United  States. 

"(7)  The  terms  'man'  and  'enlisted  man'  mean  a  person,  whether  male  or 
female,  and  whether  enlisted,  enrolled,  or  drafted  into  active  service  in  the 
military  or  naval  forces  of  the  United  States,  and  include  noncommissioned 
and  petty  officers,  and  members  of  training  camps  authorized  by  law. 

"(8)  The  term  'enlistment'  includes  voluntary  enlistment,  draft,  and  en- 
rollment in  active  service  in  the  military  or  naval  forces  of  the  United  States. 

"(9)  The  term  'commissioner'  means  the  Commissioner  of  Military  and 
Kaval  Insurance. 

"(10)  The  term  'injury'  includes  disease. 

"(11)  The  term  'pay'  means  the  pay  for  service  in  the  United  States  ac- 
cording to  grade  and  length  of  service,  excluding  all  allowances. 

"(12)  The  term  'military  or  naval  forces'  means  the  Army,  the  Navy,  the 
Marine  Corps,  the  Coast  Guard,  the  Naval  Reserves,  the  National  Naval  Volun- 
teers, and  any  other  branch  of  the  United  States  service  while  serving  pursuant 
to  law  with  the  Army  or  the  Navy." — Sec.  22,  ibid. 

834.  Bureau  of  War  Risk  Insurance  to  act  for  persons  in  military  and  naval 
service  with  reference  to  all  contracts  for  insurance. — That  the  Bureau  of  War 
Risk  Insurance,  so  far  as  practicable,  shall  upon  request  furnish  information 
to  and  act  for  persons  in  the  military  or  naval  service,  with  respect  to  any 
contracts  of  insurance  whether  with  the  Government  or  otherwise,  as  may  be 
prescribed  by  regulations.     Said  bureau  may  upon  request  procure  from  and 
keep  a  record  of  the  amount  and  kind  of  insurance  held  by  every  commissioned 
and  appointive  officer  and  of  every  enlisted  man  in  the  military  or  naval  service 
of  the  United  States,  including  the  name  and  principal  place  of  business  of  the 
company,  society,  or  organization  in  which  such  insurance  is  held,  the  date  of 
the  policy,  amount  of  premium,  name  and  relationship  of  the  beneficiary,  and 
such  other  data  as  may  be  deemed  of  service  in  protecting  the  interests  of  the 
insured  and  beneficiaries.— Sec.  2//,  ibid.,  402. 

835.  False  statements;  penalty. — That  whoever  in  any  claim  for  family  al- 
lowance, compensation,  or  insurance,  or  in  any  document  required  by  this  act 
or  by  regulation  made  under  this  act,  makes  any  statement  of  a  material  fact 
knowing  it  to  be  false,  shall  be  guilty  of  perjury  and  shall  be  punished  by  a 
fine  of  not  more  than  five  thousand  dollars,  or  by  imprisonment  for  not  more 
than  two  years,  or  both. — Sec.  25,  ibifl. 


PAY  AND  ALLOWANCES   OF   THE   ARMY,  AND  MISCELLANEOUS.    147 

836.  Acceptance  of  fraudulent  payment;  penalty. — That   if  any  person  en- 
titled to  payment  of  family  allowance  or  compensation  under  this  act,  whose 
right  to  such  payment  under  this  act  ceases  upon  the  happening  of  any  con- 
tingency, thereafter  fraudulently  accepts  any  such  payment,  he  shall  be  pun- 
ished by  a  fine  of  not  more  than  two  thousand  dollars  or  by  imprisonment  for 
not  more  than  one  year,  or  both. — Sec.  26,  ibid. 

ARTICLE  II. 

ALLOTMENTS    AND    FAMILY    ALLOWANCES. 

837.  Provisions  to  apply  to  all  enlisted  men. — That  the  provisions  of  this 
article  shall  apply  to  all  enlisted  men  of  the  military  and  naval  forces  of  the 
United  States. — Sec.  200.  ibid.,  p.  402. 

838.  To  whom  provisions  apply;  release  from,  etc. — That  allotments  of  pay 
shall,  subject  to  the  conditions,  limitations,  and  exceptions  hereinafter  specified, 
be  compulsory  as  to  wife,  a  former  wife  divorced  who  has  not  remarried  and  to 
whom  alimony  has  been  decreed,  and  a  child,  and  voluntary  as  to  any  other 
person ;  but  on  the  written  consent  of  the  wife  or  former  wife  divorced,  sup- 
ported by  evidence  satisfactory  to  the  bureau  of  her  ability  to  support  herself 
and  the  children  in  her  custody,  the  allotment  for  her  and  for  such  children  may 
be  waived;  and  on  the  enlisted  man's  application  or  otherwise  for  good  cause 
shown,  exemption  from  the  allotment  may  be  granted  upon- such  conditions  as 
may  be  prescribed  by  regulations. — Sec.  201,  ibid. 

839.  Amount   of   monthly    allotment. — The    monthly    compulsory    allotment 
shall  be  in  an  amount  equal  to  the  family  allowance  hereinafter  specified  except 
that  it  shall  not  be  more  than  one-half  the  pay,  or  less  than  $15;  but  for  a  wife 
living  separate  and  apart  under  court  order  or  written  agreement  or  for  a 
former  wife  divorced,  it  shall  not  exceed  the  amount  specified  in  the  court 
order,  decree,  or  written  agreement  to  be  paid  to  her.     For  an  illegitimate 
child,  to  whose  support  the  father  has  been  judicially  ordered  or  decreed  to  con- 
tribute, it  shall  not  exceed  the  amount  fixed  in  the  order  or  decree.     If  there 
be  an  allotment  for  a  wife  or  child,  a  former  wife  divorced  and  who  has  not 
remarried  shall  be  entitled  to  a  compulsory  allotment  only  out  of  the  difference, 
if  any,  between  the  allotment  for  the  wife  or  child  or  both  and  one-half  of  the 
pay. — Ibid. 

840.  Allotments  to  persons  other  than  wife  or  children. — That  the  enlisted 
man  may  allot  any  proportion  or  proportions  or  any  fixed  amount  or  amounts 
of  his  monthly  pay  or  of  the  proportion  thereof  remaining  after  the  compulsory 
allotment,  for  such  purposes  and  for  the  benefit  of  such  person  or  persons  as  he 
may  direct,  subject,  however,  to  such  conditions  and  limitations  as  may  be 
prescribed  under  regulations  to  be  made  by  the  Secretary  of  War. — Sec.  202, 
ibid.,  p.  403. 

841.  Compulsory  deposit  where  half  of  pay  is  not  allotted. — That  in  case  one- 
half  of  an  enlisted  man's  monthly  pay  is  not  allotted,  regulations  to  be  made 
by  the  Secretary  of  War     *     *     *     may  require,  under  such  circumstances  and 
conditions  as  may  be  prescribed  in  such  regulations,  that  any  proportion  of 
Rich  one-half  pay  as  is  not  allotted  shall  be  deposited  to  his  credit,  to  be  held 
during  such  period  of  his  service  as  may  be  prescribed.     Such  deposits  shall 
bear  interest  at  the  rate  of  four  per  centum  per  annum,  with  semiannual  rests, 
and,  when  payable,  shall  be  paid  principal  and  interest  to  the  enlisted  man,  if 


148     PAY  AND  ALLOWANCES   OP   THE   ARMY,  AND   MISCELLANEOUS. 

living,  otherwise  to  any  beneficiary  or  beneficiaries  he  may  have  designated, 
or  if  there  be  no  such  beneficiary,  then  to  the  person  or  persons  who  would 
under  the  laws  of  the  State  of  his  residence  be  entitled  to  his  personal  prop- 
erty in  case  of  intestacy. — Sec.  203  Ibid. 

842.  Family  allowance;  maximum  amount  of. — That  a  family  allowance  of 
not  exceeding  fifty  dollars  per  month  shall  be  granted  and  paid  by  the  United 
States  upon  written  application  to  the  bureau  by  such  enlisted  man  or  by  or  on 
behalf  of  any  prospective  beneficiary,  in  accordance  with  and  subject  to  the 
conditions,  limitations,  and  exceptions  hereinafter  specified. — Sec.  204  ibid. 

843.  Payment  of. — The  family  allowance  shall  be  paid  from  the  time  of  en- 
listment to  death  in  or  one  month  after  discharge  from  the  service,  but  not  for 
more  than  one  month  after  the  termination  of  the  present  war  emergency. 
No  family  allowance  shall  be  made  for  any  period  preceding  November  first, 
nineteen  hundred  and  seventeen.    The  payment  shall  be  subject  to  such  regu- 
lations as  may  be  prescribed  relative  to  cases  of  desertion  and  imprisonment 
and  of  missing  men. — Ibid. 

844.  Amount  payable  monthly. — Subject  to  the  conditions,  limitations,  and 
exceptions  hereinabove  and  hereinafter  specified,  the  family  allowance  payable 
per  month  shall  be  as  follows: 

Class  A.  In  the  case  of  a  man,  to  his  wife  (including  a  former  wife  divorced) 
and  to  his  child  or  children — 

(a)  If  there  be  a  wife  but  no  child,  fifteen  dollars. 

(b)  If  there  be  a  wife  and  one  child,  twenty-five  dollars. 

(c)  If  there  be  a  wife  and  two  children,  thirty-two  dollars  and  fifty  cents, 
with  five  dollars  per  month  additional  for  each  additional  child. 

(d)  If  there  be  no  wife,  but  one  child,  five  dollars. 

(e)  If  there  be  no  wife,  but  two  children,  twelve  dollars  and  fifty  cents. 
(/)   If  there  be  no  wife,  but  three  children,  twenty  dollars. 

(g)  If  there  be  no  wife,  but  four  children,  thirty  dollars,  with  five  dollars 
per  month  additional  for  each  additional  child. 

Class  B.  In  the  case  of  a  man  or  woman,  to  a  grandchild,  a  parent,  brother, 
or  sister — 

(a)  If  there  be  one  parent,  ten  dollars. 

( b )  If  there  be  two  parents,  twenty  dollars. 

(c)  For  each  grandchild,  brother,  sister,  and  additional  parent,  five  dollars, 
In  the  case  of  a  woman,  to  a  child  or  children — 

(d)  If  there  be  one  child,  five  dollars. 

(e)  If  there  be  two  children,  twelve  dollars  and  fifty  cents. 
(/)  If  there  be  three  children,  twenty  dollars. 

(flr)  If  there  be  four  children,  thirty  dollars,  with  five  dollars  per  month 
additional  for  each  additional  child. — Ibid. 

845.  To  whom  same  shall  be  paid  under  Class  A. — That  family  allowances 
for  members  of  Class  A  shall  be  paid  only  if  and  while  a  compulsory  allotment 
Is  made  to  a  member  or  members  of  such  class.     The  monthly  family  allow- 
ance to  a  former  wife  divorced  shall  be  payable  only  out  of  the  difference,  if 
any,  between  the  monthly  family  allowance  to  the  other  members  of  Class  A 
arid  the  sum  of  fifty  dollars,  and  only  then  if  alimony  shall  have  been  decreed 
to  her.     For  a  wife  living  separate  and  apart  under  court  order  or  written 
agreement  or  to  a  former  wife  divorced  the  monthly  allowance,  together  with 
the  allotment,  If  any,  shall  not  exceed  the  amount  specified  in  the  court  order, 


PAY  AND  ALLOWANCES  OF   THE  AKMY,  AND  MISCELLANEOUS.    149 

decree,  or  written  agreement  to  be  paid  to  her.  For  an  illegitimate  child,  to 
whose  support  the  father  has  been  judicially  ordered  or  decreed  to  contribute, 
it  shall  not  exceed  the  amount  fixed  in  the  order  or  decree. — Sec.  205,  ibid,, 
P.  404- 

846.  Amount  to  be  paid  to  those  included  in  Class  B. — That  family  allow- 
ances to  members  of  Class  B  shall  be  granted  only  if  and  while  the  member 
is  dependent  in  whole  or  in  part  on  the  enlisted  man,  and  then  only  if  and 
while  the  enlisted  man  makes  a  monthly  allotment  of  his  pay  for  such  member 
or  members  equal  to  the  amount  of  the  monthly  family  allowance  as  herein- 
above  specified,  except  that — 

(a)  The  maximum  monthly  allotment  so  required  to  be  made  to  members  of 
Class  B  shall  be  one-half  of  his  pay. 

(b)  If  he  is  making  no  allotment  to  a  member  of  Class  A,  the  minimum 
monthly  allotment  so  designated  to  be  made  to  members  of  Class  B  shall  be 
$15  per  month. 

(c)  If  he  is  making  the  compulsory  allotment  to  a  member  of  Class  A,  the 
minimum  monthly  allotment  so  designated  to  be  made  to  members  of  Class  B 
shall  be  one-seventh  of  his  pay,  but  not  less  than  $5  per  month. — Sec.  206,  ibid. 

847.  Exemption  from  additional  allotment  under  Class  B. — On  the  enlisted 
man's  application,  or  otherwise  for  good  cause  shown,  exemption  from  this 
additional  allotment  under  Class  B  as  a  condition  to  the  allowance  may  be 
granted,  upon  such  conditions  as  may  be  prescribed  by  regulations. — Ibid. 

848.  Family  allowance   under  Class  B   to   be  subject  to  following  limita- 
tions.— That  the  amount  of  the  family  allowance  to  members  of  Class  B  shall 
be  subject  to  each  of  the  following  limitations : 

(a)  If  an  allowance  is  paid  to  one  or  more  beneficiaries  of  Class  A,  the  total 
allowance  to  be  paid  to  the  beneficiaries  of  Class  B  shall  not  exceed  the 
difference  between  the  allowance  paid  to  the  beneficiaries  of  Class  A  and  the 
sum  of  $50. 

(&)  The  total  monthly  allowance  to  beneficiaries  of  Class  B  added  to  the 
enlisted  man's  monthly  allotment  to  them  shall  not  exceed  the  average  sum 
habitually  contributed  by  him  to  their  support  monthly  during  the  period  of 
dependency  but  not  exceeding  a  year  immediately  preceding  his  enlistment  or 
the  enactment  of  this  amendatory  act. — Sec.  207,  ibid. 

849.  Apportionment  of  allotment  and  allowance  to  be  prescribed  by  regula- 
tions.— That  as  between  the  members  of  Class  A  and  as  between  the  members 
of  Class  B,  the  amount  of  the  allotment  and  family  allowance  shall  be  appor- 
tioned as  may  be  prescribed  by  regulations. — Sec.  208,  ibid. 

860.  Entire  amount  of  allotments  to  be  paid  over  to  Treasury  Department 
monthly. — The  War  and  Navy  Departments,  respectively,  shall  pay  over  to  the 
Treasury  Department  monthly  the  entire  amount  of  such  allotments  for  dis- 
tribution to  the  beneficiaries,  and  the  allotments  and  family  allowances  shall 
be  paid  by  the  bureau  to  or  for  the  beneficiaries. — Sec.  209,  ibid. 

851.  Amount  of  allotment  to  be  certified  to  War  Department;  modification 
of. — That  upon  receipt  of  any  application  for  family  allowance  the  commis- 
sioner shall  make  all  proper  investigations  and  shall  make  an  award,  on  the 
basis  of  which  award  the  amount  of  the  allotments  to  be  made  by  the  man 
shall  be  certified  to  the  War  Department  or  Navy  Department,  as  may  be  proper. 
Whenever  the  commissioner  shall  have  reason  to  believe  that  an  allowance  has 


150    PAY  AND  ALLOWANCES   OF   THE  ARMY,  AND   MISCELLANEOUS. 

been  improperly  made  or  that  the  conditions  have  changed,  he  shall  investigate 
or  reinvestigate  and  may  modify  the  award.  The  amount  of  each  monthly 
allotment  and  allowance  shall  be  determined  according  to  the  conditions  then 
existing. — Sec.  210,  ibid. 

ARTICLE  III. 

COMPENSATION    FOB    DEATH    OR    DISABILITY. 

852.  To  whom  same  applies. — That  for  death  or  disability  resulting  from 
personal   injury   suffered   or  disease  contracted   in  the  line  of  duty,  by  any 
commissioned  officer  or  enlisted  man  or  by  any  member  of  the  Army  Nurse 
Corps   (female)  or  of  the  Navy  Nurse  Corps   (female)   when  employed  in  the 
active  service  under  the  War  Department  or  Navy  Department,  the  United 
States  shall  pay  compensation  as  hereinafter  provided ;  but  no  compensation 
shall  be  paid  if  the  injury  or  disease  has  been  caused  by  his  own  willful 
misconduct. — Sec.  300,  ibid.,  p.  405. 

853.  Amount  of  compensation  if  death  results  from  injury;  burial  expenses, 
etc. — That  if  death  results  from  injury,  if  the  deceased  leaves  a  widow  or 
child,  or  if  he  leaves  a  widowed  mother  dependent  upon  him  for  support,  the 
monthly  compensation  shall  be  the  following  amounts: 

(a)  For  a  widow  alone,  twenty-five  dollars. 

(b)  For  a  widow  and  one  child,  thirty-five  dollars. 

(c)  For  a  widow  and  two  children,  forty-seven  dollars  and  fifty  cents,  with 
five  dollars  for  each  additional  child  up  to  two. 

(d)  If  there  be  no  widow,  then  for  one  child,  twenty  dollars. 

(e)  For  two  children,  thirty  dollars. 

(/)  For  three  children,  forty  dollars,  with  five  dollars  for  each  additional 
child  up  to  two. 

(#)  For  a  widowed  mother,  twenty  dollars.  The  amount  payable  under  this 
subdivision  shall  not  be  greater  than  a  sum  which,  when  added  to  the  total 
amount  payable  to  the  widow  and  children,  does  not  exceed  seventy-five  dollars. 
This  compensation  shall  be  payable  for  the  death  of  but  one  child,  and  no 
compensation  for  the  death  of  a  child  shall  be  payable  if  such  widowed  mother 
is  in  receipt  of  compensation  under  the  provisions  of  this  article  for  the  death 
of  her  husband.  Such  compensation  shall  be  payable  whether  her  widowhood 
arises  before  or  after  the  death  of  the  person  and  whenever  her  condition  is 
such  that  if  the  person  were  living  the  widowed  mother  would  have  been 
dependent  upon  him  for  support. 

If  the  death  occur  before  discharge  or  resignation  from  service,  the  United 
States  shall  pay  for  burial  expenses  and  the  return  of  body  to  his  home  a  sum 
not  to  exceed  one  hundred  dollars,  as  may  be  fixed  by  regulations. 

The  payment  of  compensation  to  a  widow  or  widowed  mother  shall  continue 
until  her  death  or  remarriage. 

The  payment  of  compensation  to  or  for  a  child  shall  continue  until  such 
child  reaches  the  age  of  eighteen  years  or  marries,  or  if  such  child  be  Incapable, 
because  of  insanity,  idiocy,  or  being  otherwise  permanently  helpless,  then  during 
such  incapacity. 

Whenever  the  compensation  payable  to  or  for  the  benefit  of  any  person  under 
the  provisions  of  this  section  is  terminated  by  the  happening  of  the  con- 
tingency upon  which  it  is  limited,  the  compensation  thereafter  for  the  remaining 
beneficiary  or  beneficiaries,  if  any,  shall  be  the  amount  which  would  have  been 
payable  to  them  if  they  had  been  the  sole  original  beneficiaries. 


PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND   MISCELLANEOUS.    151 

As  between  the  widow  and  the  children  not  in  her  custody,  and  as  between 
children,  the  amount  of  the  compensation  shall  be  apportioned  as  may  be 
prescribed  by  regulations.  The  word  "  widow  "  as  used  in  this  section  shall 
not  include  one  who  shall  have  married  the  deceased  later  than  ten  years 
after  the  time  of  injury. — Sec.  301,  ibid. 

854.  Amount  of  compensation  if  disability  results  from  injury. — That  if  dis- 
ability results  from  the  injury — 

TOTAL   DISABILITY. 

(1)  If  and  while  the  disability  is  total,  the  monthly  compensation  shall  be 
the  following  amounts: 

(a)  If  he  has  neither  wife  nor  child  living,  thirty  dollars. 

(6)  If  he  has  a  wife  but  uo  child  living,  forty-five  dollars. 

(c)  If  he  has  a  wife  and  one  child  living,  fifty-five  dollars. 

(d)  If  he  has  a  wife  and  two  children  living,,  s-i \ty-five  dollars. 

(e)  If  he  has  a  wife  and  three  or  more  children  living,  seventy -five  dollars. 
(/)  If  he  has  no  wife  but  one  child  living,  forty  dollars,  with  ten  dollars  for 

each  additional  child  up  to  two. 

(0)  If  he  has  a  widowed  mother  dependent  on  him  for  support,  then,  in 
addition  to  the  above  amounts,  ten  dollars. 

To  an  injured  person  who  is  totally  disabled  f.ncl  in  addition  so  helpless  as  to 
be  in  constant  need  of  a  nurse  or  attendant,  such  additional  sum  shall  be  paid, 
but  not  exceeding  twenty  dollars  per  month,  as  the  director  may  deem  reason- 
able: Provided,  however,  That  for  the  loss  of  both  feet  or  both  hands  or  both 
eyes,  or  for  becoming  totally  blind  or  helpless  and  permanently  bedridden  from 
causes  occurring  in  the  line  of  duty  in  the  service  of  the  United  States,  the  rate 
of  compensation  shall  be  one  hundred  dollars  per  month :  Provided  further,  That 
no  allowance  shall  be  made  for  nurse  or  attendant. 

PARTIAL   DISABILITY. 

(2)  If  and  while  the  disability  is  partial,  the  monthly  compensation  shall  be 
a  percentage  of  the  compensation  that  would  be  payable  for  his  total  disability, 
equal  to  the  degree  of  the  reduction  in  earning  capacity  resulting  from  the 
disability,  but  no  compensation  shall  be  payable  for  a  reduction  in  earning 
capacity  rated  at  less  than  ten  per  centum. 

A  schedule  of  ratings  of  reductions  in  earning  capacity  from  specific  injuries 
or  combinations  of  injuries  of  a  permanent  nature  shall  be  adopted  and  applied 
by  the  bureau.  Ratings,  may  be  as  high  as  one  hundred  per  centum.  The 
ratings  shall  be  based,  as  far  as  practicable,  upon  the  average  impairments  of 
earning  capacity  resulting  from  such  injuries  in  civil  occupations  and  not  upon 
the  impairment  in  earning  capacity  in  each  individual  case,  so  that  there  shall 
be  no  reduction  in  the  rate  of  compensation  for  individual  success  iii  overcom- 
ing the  handicap  of  a  permanent  injury.  The  bureau  shall  from  time  to  time 
readjust  this  schedule  of  ratings  in  accordance  with  actual  experience. 

MEDICAL,    SURGICAL,    AND    HOSPITAL,   SERVICES;     SUPPLIES,    ETC.,    TO    BE    FURNISHED. 

(3)  In  addition  to  the  compensation  above  Drovided  the  injured  person  shall 
be  furnished  by  the  United  States  such  reasonable  governmental  medical,  surgi- 
cal, and  hospital  services  and  with  such  supplies,  including  artificial   limbs, 
trusses,  and  similar  appliances,  as  the  director  m.iy  determine  to  be  useful  and 
reasonably  necessary :  Provided,  That  nothing  in  this  act  shall  be  construed  to 


152    PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND  MISCELLANEOUS. 

affect  the  necessary  military  control  over  any  member  of  the  Military  or  Naval 
Establishments  before  he  shall  have  been  discharged  from  the  military  or  naval 
service. 

HOW    MONTHLY    PAYMENTS    ABE    DETERMINED. 

(4)  The  amount  of  each  monthly  payment  shall  be  determined  according  to 
the  family  conditions  then  existing.— Sec.  302,  ibid.,  406. 

855.  Medical  examinations,  treatments,  etc. — That  every  person  applying  for 
or  in  receipt  of  compensation  for  disability  under  the  provisions  of  this  article 
shall,  as  frequently  and  at  such  times  and  places  as  may  be  reasonably  required, 
submit  himself  to  examination  by  a  medical  officer  of  the  United  States  or  by  a 
duly  qualified  physician  designated  or  approved  by  the  director.     He  may  have  a 
duly  qualified  physician  designated  and  paid  by  him  present  to  participate  in 
such  examination.     For  all  examinations  he  shall,   in   the  discretion  of  the 
director,  be  paid  his  reasonable  traveling  and  other  expenses  and  also  loss  of 
wages  incurred  in  order  to  submit  to  such  examination.     If  he  refuses  to  submit 
himself  for.  or  in  any  way  obstructs,  any  examination,  his  right  to  claim  com- 
pensation under  this  article  shall  be  suspended  until  such  refusal  or  obstruction 
ceases.     ISo  compensation  shall  be  payable  while  such  refusal  or  obstruction 
continue-*,  and  no  compensation  shall  be  payable  for  the  intervening  period. 

Every  person  in  receipt  of  compensation  for  disability  shall  submit  to  any 
reason?  Me  medical  or  surgical  treatment  furnished  by  the  bureau  whenever 
requested  by  the  bureau ;  and  the  consequences  of  unreasonable  refusal  to  sub- 
mit to  f.ny  such  treatment  shall  not  be  deemed  to  result  from  the  injury 
compensated  for. — Sec.  308,  ibid. 

856.  Vocational  training  in  case  of  permanent  disability. — That  in  cases  of 
dismemberment,  of  injuries  to  sight  or  hearing,  and  of  other  injuries  com- 
monly   causing   permanent   disability,    the    injured    person    shall    follow    such 
course  or  courses  of  rehabilitation,  reeducation,  and  vocational  training  as  the 
United  States  may  provide  or  procure  to  be  provided.     Should  such  course  pre- 
vent the  injured  person  from  following  a  substantially  gainful  occupation  while 
taking  same,  a   form  of  enlistment  may  be  required   which  shall   bring  the 
injured  person  into  the  military  or  naval  service.    Such  enlistment  shall  entitle 
the  person  to  full  pay  as  during  the  last  month  of  his  active  service,  and  his 
family  to  family  allowances  and  allotment  as  hereinbefore  provided,  in  lieu 
of  all  other  compensation  for  the  time  being.     In  case  of  his  willful  failure 
properly  to  follow  such  course  or  so  to  enlist,  payment  of  compensation  shall 
be  suspended  until  such  willful  failure  ceases  and  no  compensation  shall  be 
payable  for  the  intervening  period. — Sec.  304,  iMd,  p.  407. 

867.  Review  of  awards  permissible. — That  upon  its  own  motion  or  upon 
application  the  bureau  may  at  any  time  review  an  award,  and,  in  accordance 
with  the  facts  found  upon  such  review,  may  end,  diminish,  or  increase  the 
compensation  previously  awarded,  or,  if  compensation  has  been  refused  or 
discontinued,  may  award  compensation. — Sec.  305,  ibid. 

858.  Time  limit  for  payment  in  case  of  death. — That  no  compensation  shall 
be  payable  for  death  or  disability  which  does  not  occur  prior  to  or  within  one 
year  after  discharge  or  resignation  from  the  service,  except  that  where,  after  a 
medical  examination  made  pursuant  to  regulations,  at  the  time  of  discharge  or 
resignation  from  the  service,  or  within  such  reasonable  time  thereafter,  not 
exceeding  one  year,  as  may  be  allowed  by  regulations,  a  certificate  has  been 


PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND  MISCELLANEOUS.    153 

obtained  from  the  director  to  the  effect  that  the  injured  person  at  the  time  of 
his  discharge  or  resignation  was  suffering  from  injury  likely  to  result  in 
death  or  disability,  compensation  shall  be  payable  for  death  or  disability,  when- 
ever occurring  proximately  resulting  from  such  injury. — Sec.  306,  ibid. 

859.  Compensation  not   payable  until   death   is   recorded;   not   payable   for 
period  reported  missing. — That  compensation  shall   not  be  payable  for  death 
in  the  course  of  the  service  until  the  death  be  officially  recorded  in  the  depart- 
ment under  which  he  may  be  serving.    No  compensation  shall  be  payable  for  a 
period   during   which   the  man   has  been   reported   "  missing "   and   a   family 
allowance  has  been  paid  for  him  under  the  provisions  of  Article  II. — Sec.  307, 
ibid. 

860.  Compensation  not  payable  for  death  inflicted  as  penalty  for  criminal 
offenses;  not  payable  under  dishonorable  discharge. — That   no   compensation 
shall  be  payable  for  death  inflicted  as  a  lawful  punishment  for  a  crime  or 
military   offense   except   when   inflicted   by   the  enemy.     A   dismissal   or   dis- 
honorable or  bad  conduct  discharge  from  the  service  shall  bar  and  terminate 
all  right  to  any  compensation  under  the  provisions  of  this  article. — Sec.  308, 
ibid. 

861.  Time  limit  for  filing  claims. — That  no  compensation  shall  be  payable 
unless  a  claim  therefor  be  filed,  in  case  of  disability,  within  five  years  after 
discharge  or  resignation  from  the  service,   or,   in   case  of  death  during  the 
service,  within  five  years  after  such  death  is  officially  recorded  in  the  depart- 
ment under  which  he  may  be  serving:  Provided,  however,  That  where  compen- 
sation is  payable  for  death  or  disability  occurring  after  discharge  or  resigna- 
tion from  the  service,  claim  must  be  made  within  five  years  after  such  death  or 
the  beginning  of  such  disability.     The  time  herein  provided  may  be  extended 
by  the  director  not  to  exceed  one  year  for  good  cause  shown.     If  at  the  time 
that  any  right  accrues  to  any  person  under  the  provisions  of  this  article,  such 
person  is  a  minor,  or  is  of  unsound  mind  or  physically  unable  to  make  a 
claim,  the  time  herein  provided  shall  not  begin  to  run  until  such  disability 
ceases. — Sec.  309,  ibid. 

862.  Payment  of  claims;  when  to  commence. — That  no  compensation  shall 
be  payable  for  any  period  more  than  two  years  prior  to  the  date  of  claim  there- 
for, nor  shall  increased  compensation  be  awarded  to  revert  back  more  than  one 
year  prior  to  the  date  of  claim  therefor. — Sec.  310,  ibid.,  p.  480. 

863.  Assignment  of  compensation  not  allowable;  exempted  from  attachment 
and  execution  and  from  taxation. — That  compensation  under  this  article  shall 
not  be  assignable,  and  shall  be  exempt  from  attachment  and  execution  and  from 
all  taxation.— Sec.  311,  ibid. 

864.  Not  payable  when  in  receipt  of  service  or  retirement  pay;  laws  provid- 
ing for  gratuities,  etc.,  repealed. — That  compensation  under  this  article  shall 
not  be  paid  while  the  person  is  in  receipt  of  service  or  retirement  pay.    The 
laws  providing  for  gratuities  or  payments  in  the  event  of  death  In  the  service 
and  existing  pension  laws  shall  not  be  applicable  after  the  enactment  of  this 
amendment  to  persons  now  in  or  hereafter  entering  the  military  or  naval  serv- 
ice, or  to  their  widows,  children,  or  their  dependents,  except  in  so  far  as  rights 
under  any  such  law  shall  have  heretofore  accrued. — Sec.  312,  ibid. 


154     PAY   AND  ALLOWANCES   OF   THE  ARMY,  AND   MISCELLANEOUS. 

865.  Compensation  of  Army  Nurse  Corps   (female). — Compensation  because 
of  disability  or  denth  of  members  of  the  Army  Nurse  Corps  (female)  or  of  the 
Navy  Nurse  Corps  (female)  shall  be  in  lieu  of  any  compensation  for  such  dis- 
ability or  death  under  the  act  entitled  "An  act  to  provide  compensation  for  em- 
ployees of  the  United  States  suffering  injuries  while  in  the  performance  of  their 
duties,  and  for  other  purposes,"  approved  September  seventh,  nineteen  hundred 
and  sixteen. — Ibid. 

866.  Action  where  the  United  States  is  not  legally  liable. — That  if  an  injury 
or  death   for  which  compensation   is  payable  under  this  amendatory   act  is 
caused  under  circumstances  creating  a  legal  liability  upon  some  person  other 
than  the  United  States  or  the  enemy  to  pay  damages  therefor,  the  director,  as 
a  condition  to  payment  of  compensation  by  the  United  States,  shall  require  the 
beneficiary  to  assign  to  the  United  States  any  right  of  action  he  may  have  to 
enforce  such  liability  of  such  other  person  or  any  right  which  he  may  have  to 
share  in  any  money  or  other  property  received  in  satisfaction  of  such  liability 
of  such  other  person.     The  cause  of  action  so  assigned  to  the  United  States 
may  be  prosecuted  or  compromised  by  the  director  and  any  money  realized 
thereon  shall  be  placed  to  the  credit  of  the  compensation  fund. — Sec.  313,  ibid. 

867.  Rate  of  pension,  Civil  War  service. — That  from  and  after  the  passage 
of  this  act  the  rate  of  pension  for  a  widow  of  an  officer  or  enlisted  man  of  the 
Army,  Navy,  or  Marine  Corps  of  the  United  States  who  served  in  the  Civil 
War,  the  War  with  Spain,  or  the  Philippine  Insurrection,  now  on  the  pension 
roll  or  hereafter  to  be  placed  on  the  pension  roll,  and  entitled  to  receive  a  less 
rate  than  hereinafter  provided,  shall  be  twenty -five  dollars  per  month;  and 
nothing  herein  shall  be  construed  to  affect  the  additional  allowance  provided 
by  existing  pension  laws  on  account  of  a  helpless  child  or  child  under  sixteen 
years  of  age:  Provided,  however,  That  this  act  shall  not  be  so  construed  as  to 
reduce  any  pension  under  any  act,  public  or  private:  And  provided  further, 
That  the  provisions  of  this  section  shall  be  administered,  executed,  and  en- 
forced by  the  Commissioner  of  Pensions. — Sec.  314,  ibid. 

ARTICLE  IV. 

INSURANCE. 

868.  Applications  for;  minimum  and  maximum  amount. — That  in  order  to 
give  to  every  commissioned  officer  and  enlisted  man  and  to  every  member  of 
the  Army  Nurse  Corps  (female)  and  of  the  Navy  Nurse  Corps  (female)  when 
employed  in  active  service  under  the  War  Department  or  Navy  Department 
greater  protection  for  themselves  and  their  dependents  than  is  provided  in 
Article  III,  the  United  States,  upon  application  to  the  bureau  and  without 
medical  examination,  shall  grant  insurance  against  the  death  or  total  perma- 
nent disability  of  any  such  person  in  any  multiple  of  $500,  and  not  less  than 
$1,000  or  more  than  $10,000,  upon  the  payment  of  the  premiums  as  hereinafter 
provided.— Sec.  400.  ihii?..  /».  409. 

869.  Applications;  time  limit  of,  payments,  etc. — That  such  insurance  must 
be  applied  for  within  one  hundred  and  twenty  days  after  enlistment  or  after 
entrance  into  or  employment  in  the  active  service  and  before  discharge  or 
resignation,  except  that  those  persons  who  are  in  the  active  war  service  at  the 
time  of  the  publication  of  the  terms  and  conditions  of  such  contract  of  in- 
surance may  apply  at  any  time  within  one  hundred  and  twenty  days  thereafter 


PAY  AND  ALLOWANCES  OF   THE  ARMY,  AND   MISCELLANEOUS.    155 

and  while  in  such  service.  Any  person  in  the  active  service  on  or  after  the 
sixth  day  of  April,  nineteen  hundred  and  seventeen,  who,  while  in  such  service 
and  hefore  the  expiration  of  one  hundred  and  twenty  days  from  and  after  such 
puhlication,  becomes  or  has  become  totally  and  permanently  disabled  or  dies, 
or  has  died,  without  having  applied  for  insurance,  shall  be  deemed  to  have 
applied  for  and  to  have  been  granted  insurance,  payable  to  such  person  during 
his  life  in  monthly  installments  of  twenty-five  dollars  each.  If  he  shall  die  either 
before  he  shall  ha~~»  received  any  of  such  monthly  installments  or  before  he 
shall  have  received  two  hundred  and  forty  of  such  monthly  installments,  then 
twenty -five  dollars  per  month  shall  be  paid  to  his  wife  from  the  time  of  his  death 
and  during  her  widowhood,  or  to  his  child,  or  widowed  mother  if  and  while 
they  survive  him :  Provided,  however,  That  not  more  than  two  hundred  and 
forty  of  such  monthly  installments,  including  those  received  by  such  person 
during  his  total  and  permanent  disability,  shall  be  so  paid ;  and  in  that  event 
the  amount  of  the  monthly  installments  shall  be  apportioned  between  them  as 
may  be  provided  by  regulations. — Sec.  401,  ibid. 

870.  Terms  and  conditions  to  be  determined;  insurance  not  assignable;  ex- 
empted from  claims  for  debts;  to  whom  payable;  monthly  installments;  con- 
tract conditions;  calculations;  interest;  change  of  beneficiary;  etc. — That  the 
director,  subject  to  the  general  direction  of  the  Secretary  of  the  Treasury, 
shall  promptly  determine  upon  and  publish  the  full  and  exact  terms  and 
conditions  of  such  contract  of  insurance.  The  insurance  shall  not  be  assign- 
able, and  shall  not  be  subject  to  the  claims  of  creditors  of  the  insured  or  of  the 
beneficiary.  It  shall  be  payable  only  to  a  spouse,  child,  grandchild,  parent, 
brother,  or  sister,  and  also  during  total  and  permanent  disability  to  the  in- 
jured person,  or  to  any  or  all  of  them.  The  insurance  shall  be  payable  in 
two  hundred  and  forty  equal  monthly  installments.  Provisions  for  maturity 
at  certain  ages,  for  continuous  installments  during  the  life  of  the  insured  or 
beneficiaries,  or  both,  for  cash,  loan,  paid-up  and  extended  value,  dividends 
from  gains  and  savings,  and  such  other  provisions  for  the  protection  and  ad- 
vantage of  and  for  alternative  benefits  to  the  insured  and  the  beneficiaries 
as  may  be  found  to  be  reasonable  and  practicable,  may  be  provided  for  in  the 
contract  of  insurance,  or  from  time  to  time  by  regulations.  All  calculations 
shall  be  based  upon  the  American  Experience  Table  of  Mortality  and  interest 
at  three  and  one-half  per  centum  per  annum,  except  that  no  deduction  shall 
be  made  for  continuous  installments  during  the  life  of  the  insured  in  case  his 
total  and  permanent  disability  continues  more  than  two  hundred  and  forty 
months.  Subject  to  regulations,  the  insured  shall  at  all  times  have  the  right 
to  change  the  beneficiary  or  beneficiaries  of  such  insurance  without  the  consent 
of  such  beneficiary  or  beneficiaries,  but  only  within  the  classes  herein  provided. 
If  no  beneficiary  within  the  permitted  class  be  designated  by  the  insured, 
either  in  his  lifetime  or  by  his  last  will  and  testament,  or  if  the  designated 
beneficiary  does  not  survive  the  insured,  the  insurance  shall  be  payable  to 
such  person  or  persons,  within  the  permitted  class  of  beneficiaries  as  would 
under  the  laws  of  the  State  of  the  residence  of  the  insured,  be  entitled  to 
his  personal  property  in  case  of  intestacy.  If  no  such  person  survive  the  in- 
sured, then  there  shall  be  paid  to  the  estate  of  the  insured  an  amount  equal 
to  the  reserve  value,  if  any,  of  the  insurance  at  the  time  of  his  death,  cal- 
culated on  the  basis  of  the  American  Experience  Table  of  Mortality  and  three 
and  one-half  per  centum  interest  in  full  of  all  obligations  under  the  contract 
of  insurance. — Sec.  402,  ibid. 


156  PERSONNEL — CIVILIANS. 

871.  Expenses  of  administration  and  excess  cost  resulting  from  war  to  be 
borne  by  United  States;  premium  rates  and  interest. — That  the  United  States 
shall  bear  the  expenses  of  administration  and  the  excess  mortality  and  dis- 
ability cost  resulting  from  the  hazards  of  war.    The  premium  rates  shall  be  the 
net  rates  based  upon  the  American  Experience  Table  of  Mortality  and  interest 
at  three  and  one-half  per  centum  per  annum. — Sec.  403,  ibid.,  p.  410. 

872.  Term  of  insurance;  method  of  payment  of  premiums. — That  during  the 
period  of  war  and  thereafter  until  converted  the  insurance  shall  be  term  insur- 
ance for  successive  terms  of  one  year  each.    Not  later  than  five  years  after  the 
date  of  the  termination  of  the  war  as  declared  by  proclamation  of  the  Presi- 
dent of  the  United  States,  the  term  insurance  shall  be  converted,  without  medi- 
cal examination,  into  such  form  or  forms  of  insurance  as  may  be  prescribed 
by  regulations  and  as  the  insured  may  request.    Regulations  shall  provide  for 
the  right  to  convert  into  ordinary  life,  twenty  payment  life,  endowment  ma- 
turing at  age  sixty-two  and  into  other  usual  forms  of  insurance  and  shall  pre- 
scribe the  time  and  method  of  payment  of  the  premiums  thereon,  but  payments 
of  premiums  in  advance  shall  not  be  required  for  periods  of  more  than  one 
month  each  and  may  be  deducted  from  the  pay  or  deposit  of  the  insured  or  be 
otherwise  made  at  his  election. — Sec.  404,  ibid. 

873.  Action  on  claims  in  event  of  disagreement;  attorneys'  fees,  etc. — That 
in  the  event  of  disagreement  as  to  a  claim  under  the  contract  of  insurance  be- 
tween the  bureau  and  any  beneficiary  or  beneficiaries  thereunder,  an  action  on 
the  claim  may  be  brought  against  the  United  States  in  the  district  court  of  the 
United  States  in  and  for  the  district  in  which  such  beneficiaries  or  any  one  of 
them  resides.    The  court,  as  part  of  its  judgment,  shall  determine  and  allow 
such  reasonable  attorney's  fees,  not  to  exceed  ten  per  centum  of  the  amount 
recovered,  to  be  paid  by  the  claimant  on  behalf  of  whom  such  proceedings  are 
instituted  to  his  attorney ;  and  it  shall  be  unlawful  for  the  attorney  or  for  any 
other  person  acting  as  claim  agent  or  otherwise  to  ask  for,  contract  for,  or 
receive  any  other  compensation  because  of  such  action.    No  other  compensation 
or  fee  shall  be  charged  or  received  by  any  person  except  such  as  may  be  author- 
ized by  the  commissioner  in  regulations  to  be  promulgated  by  him.     Any  person 
violating  the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall,  for  each  and  every  such  offense,  be  fined 
not  exceeding  five  hundred  dollars,  or  be  imprisoned  at  hard  labor  not  exceed- 
ing two  years,  or  both,  in  the  discretion  of  the  court. — Sec.  405,  ibid. 

NOTE. — The  premium  in  payment  of  insurance  in  case  of  officers  will  be  dropped  from 
their  pay  accounts ;  in  case  of  enlisted  men,  dropped  from  pay  on  the  rolls,  as  Is  done 
In  the  case  of  allotments. 

PERSONNEL— CIVILIANS. 

CHIEF  CLERK—DUTIES   OP. 

874.  Supervision  of  duties  of  subordinate  clerks. — Each  chief  clerk  in  the 
several  departments  and  bureaus,  and  other  offices  connected  with  the  depart- 
ments, shall  supervise,  under  the  direction  of  his  immediate  superior,  the  duties 
of  the  other  clerks  therein  and  see  that  they  are  faithfully  performed. — Sec. 
173,  R.  8. 

876.  Distribution  of  work. — Each  chief  clerk  shall  take  care,  from  time  to 
time,  that  the  duties  of  the  other  clerks  are  distributed  with  equality  and  uni- 


PERSONNEL CIVILIANS.  157 

formity,  according  to  the  nature  of  the  case.  He  shall  revise  such  distribution 
from  time  to  time  for  the  purpose  of  correcting  any  tendency  to  undue  accumu- 
lation or  reduction  of  duties,  whether  arising  from  individual  negligence  or 
Incapacity  or  from  increase  or  diminution  of  particular  kinds  of  business.  And 
he  shall  report  monthly  to  his  superior  officer  any  existing  defect  that  he  may 
be  aware  of  in  the  arrangement  or  dispatch  of  business. — Sec.  174,  R.  S. 

876.  Authority  to  administer  oath  of  office  to  employees. — The  chief  clerks- 
of  the  several  executive  departments  and  of  the  various  bureaus  and  offices- 
thereof   in    Washington,    District    of    Columbia,    are    hereby    authorized    and 
directed,  on  application  and  without  compensation  therefor,  to  administer  oaths 
of  office  to  employees  required  to  be  taken  on  their  appointment  or  promotion. — 
Act  of  Aug.  29,  1890  (26  Stat.,  371). 

877.  No  fee  for  administering  oath. — No  officer,  clerk,  or  employee  of  any 
executive  department  who  is  also  a  notary  public  or  other  officer  authorized  to- 
administer  oaths  shall  charge  or  receive  any  fee  or  compensation  for  adminis- 
tering oaths  of  office  to  employees  of  such  department  required  to  be  taken  on 
appointment  or  promotion  therein. — Ibid. 

878.  Oaths  to  expense  accounts,  no  fee  to  be  charged. — After  June  thirtieth,, 
nineteen  hundred  and  twelve.     *     *     *      chief  clerks  of  the  various  executive 
departments  and  bureaus,  or  clerks  designated  by  them  for  the  purpose,    *    *    * 
are  required,  empowered,  and  authorized,  when  requested,  to  administer  oaths, 
required  by  law  or  otherwise,  to  accounts  for  travel  or  other  expenses  against 
the  United  States,  with  like  force  and  effect  as  officers  having  a  seal ;  for  such 
services  when  so  rendered,  or  when  rendered  on  demand  after  said  date  by 
notaries  public,  who  at  the  time  are  also  salaried  officers  or  employees  of  the 
United  States,  no  charge  shall  be  made;  and  on  and  after  July  first,  nineteen 
hundred  and  twelve,  no  fee  or  money  paid  for  the  services  herein  described 
shall  be  paid  or  reimbursed  by  the  United  States. — Sec.  8,  Act  of  Aug.  24,  1912 
(37  Stat.,  487). 

CONTRIBUTIONS  FOB  POLITICAL  AND  OTHEE  PURPOSES. 

879.  For   gifts,    etc.,   to   superiors. — No   officer,   clerk,    or   employee    in    the 
United  States  Government  employ  shall  at  any  time  solicit  contributions  from 
other  officers,  clerks,  or  employees  in  the  Government  service  for  a   gift  or 
present  to  those  in  a  superior  official  position;  nor  shall  any  such  officials  or 
clerical  superiors  receive  any  gift  or  present  offered  or  presented  to  them  as  a 
contribution  from  persons  in  Government  employ  receiving  a  less  salary  than- 
themselves;  nor  shall  any  officer  or  clerk  make  any  donation  as  a  gift  or  present 
to  any  official  superior.    Every  person  who  violates  this  section  shall  be  sum- 
marily discharged  from  the  Government  employ. — Sec.  1784,  #•  &• 

880.  For  political  purposes. — No  Senator  or  Representative  in,  or  Delegate 
or  Resident  Commissioner  to  Congress,  or  Senator,  Representative,  Delegate, 
or  Resident  Commissioner-elect,  or  officer  or  employee  of  either  House  of  Con- 
gress, and  no  executive,  judicial,  military,  or  naval  officer  of  the  United  States, 
and  no  clerk  or  employee  of  any  department,  branch,  or  bureau  of  the  execu- 
tive, judicial,  or  military  or  naval  service  of  the  United  States,  shall,  directly 
or  indirectly,  solicit  or  receive,  or  be  in  any  manner  concerned  in  soliciting  or 
receiving,  any  assessment,  subscription,  or  contribution  for  any  political  pur- 
pose whatever,  from  any  officer,  clerk,  or  employee  of  the  United  States,  or 


158  PERSONNEL CIVILIANS. 

any  department,  branch,  or  bureau  thereof,  or  from  any  person  receiving  any 
salary  or  compensation  from  moneys  derived  from  the  Treasury  of  the  United 
States.— Sec.  118,  Act  of  Mar.  4,  1909  (35  Stat.,  1110). 

881.  Same. — No  person  shall,  in  any  room  or  building  occupied  in  the  dis- 
charge of  official  duties  by  any  officer  or  employee  of  the  United  States  men- 
tioned in  the  preceding  section,  or  in  any  navy  yard,  fort,  or  arsenal,  solicit  in 
any  manner  whatever  or  receive  any  contribution  of  money  or  other  thing  of 
value  for  any  political  purpose  whatever. — Sec.  119,  ibid. 

882.  Same. — No  officer  or  employee  of  the  United  States  mentioned  in  sec- 
tion one  hundred  and  eighteen,  shall  discharge,  or  promote,  or  degrade,  or  in 
any  manner  change  the  official  rank  or  compensation  of  any  other  officer  or 
employee,  or  promise  or  threaten  so  to  do,  for  giving  or  withholding  or  neglect- 
ing to  make  any  contribution  of  money  or  other  valuable  thing  for  any  political 
purpose. — Sec.  120,  ibid. 

883.  Same. — No  officer,  clerk,  or  other  person  in  the  service  of  the  United 
States  shall,  directly  or  indirectly,  give  or  hand  over  to  any  other  officer,  clerk, 
or  person  in  the  service  of  the  United  States,  or  to  any  Senator  or  Member  of 
or  Delegate  to  Congress,  or  Resident  Commissioner,  any  money  or  other  valuable 
thing  on  account  of  or  to  be  applied  to  the  promotion  of  any  political  object 
whatever. — Sec.  121,  ibid. 

884.  Same;  penalty. — Whoever  shall  violate  any  provision  of  the  four  pre- 
ceding sections  shall  be  fined  not  more  than  five  thousand  dollars,  or  imprisoned 
not  more  than  three  years,  or  both. — Sec.  122,  ibid. 

DETAILS. 

885.  Temporary  details  allowed,  renetcals,  etc. — Each  head  of  a  department 
may,  from  time  to  time,  alter  the  distribution  among  the  various  bureaus  and 
offices  of  his  department,  of  the  clerks  and  other  employees  allowed  by  law, 
except  such  clerks  or  employees  as  may  be  required  by  law  to  be  exclusively 
engaged  upon  some  specific  work,  as  he  may  find  it  necessary  and  proper  to  do, 
but  all  details  hereunder  shall  be  made  by  written  order  of  the  head  of  the 
department,  and.  in  no  case  be  for  a  period  of  time  exceeding  one  hundred  and 
twenty  days:  Provided,  That  details  so  made  may,  on  expiration,  be  renewed 
from  time  to  time  by  written  order  of  the  head  of  the  department,  in  each  par- 
ticular case,  for  periods  of  not  exceeding  one  hundred  and  twenty  days.     All 
details  heretofore  made  are  hereby  revoked,  but  may  be  renewed  as  provided 
herein. — Sec.  166,  R.  S.,  as  amended  by  act  of  May  28,  1896   (29  Stat.,  179). 

886.  Detail  of  civil  employees  outside  of  the  District  for  duty  in  the  District 
prohibited. — Thereafter  all  details  of  civil  officers,  clerks,  or  other  subordinate 
employees  from  places  outside  of  the  District  of  Columbia,  except  temporary 
details  for  duty  connected  with  their  respective  offices,  be,  and  are  hereby, 
prohibited.— Sec.  4,  act  of  Aug.  5,  1882  (22  Stat.,  255). 

887.  Same.— Hereafter  it  shall  be  unlawful  to  detail  civil  officers,  clerks,  or 
other  subordinate  employees  who  are  authorized  or  employed  under  or  paid 
from  appropriations  made  for  the  military  or  naval  establishments,  or  any  other 
branch  of  the  public  service  outside  of  the  District  of  Columbia,  except  those 
officers  and  employees  whose  details  are  now  specially  provided  by  law,  for 


PERSONNEL CIVILIANS.  159 

duty  in  any  bureau,  office,  or  other  division  of  any  executive  department  in  the 
District  of  Columbia,  except  temporary  details  for  duty  connected  with  their 
respective  offices.— Sec.  4,  act  of  June  22,  J906  (34  Stat.,  449). 

888.  Detail  of  persons  employed  in,  for  duty  outside  of  District  prohibited. — 
In  expending  appropriations  made  in  this  act,  persons  in  the  classified  service 
at  Washington,  District  of  Columbia,  shall  not  be  detailed  for  service  outside 
of  the  District  of  Columbia  except  for  or  in  connection  with  work  pertaining 
directly  to  the  service  at  the  seat  of  government  of  the  department  or  other 
Government   establishment   from   which   the   detail    is   made:    Provided,   That 
nothing  is  this  section  shall  be  deemed  to  apply  to  the  investigation  of  any 
matter  or  the  preparation,  prosecution,  or  defense  of  any  suit  by  the  Department 
of  Justice.— Sec.  5,  act  of  May  10,  1916  (39  Stat.,  £20). 

889.  Temporary  details,  office  of  the  President. — Employees  of  the  executive 
departments  and  other  establishments  of  the  executive  branch  of  the  Govern- 
ment may  be  detailed  from  time  to  time  to  the  office  of  the  President  of  the 
United  States  for  such  temporary  assistance  as  may  be  necessary. — Act  of  May 
10,  1916  (39  Stat.,  76). 

890.  With  commissions,  councils,  or  boards,  etc. —    *     *     *     Nor  shall  there 
be  employed  by  detail,  hereafter  or  heretofore  made,   or  otherwise  personal 
services  from  any  executive  department  or  other  Government  establishment  in 
connection  with  any  such  commission,  council,  board,  or  other  similar  body. — 
Sec.  9,  act  of  Mar.  4,  1909  (35  Stat.,  1027). 

EFFICIENCY  RATINGS. 

891.  Establishment  of,  in  departments;  ratings  for  promotion,  demotion,  and 
retention,  etc. — The  Civil  Service  Commission  shall,  subject  to  the  approval  of 
the  President,  establish  a  system  of  efficiency  ratings  for  the  classified  service 
in  the  several  executive  departments  in  the  District  of  Columbia  based  upon 
records  kept  in  each  department  and  independent  establishment  with  such  fre. 
quency  as  to  make  them  as  nearly  as  possible  records  of  fact.    Such  system  shall 
provide  a  minimum  rating  of  efficiency  which  must  be  attained  by  an  employee 
before  he  may  be  promoted ;  it  shall  also  provide  a  rating  below  which  no  em- 
ployee may  fall  without  being  demoted ;  it  shall  further  provide  for  a  rating  be- 
low which  no  employee  may  fall  without  being  dismissed  for  inefficiency.     All 
promotions,  demotions,  or  dismissals  shall  be  governed  by  the  provisions  of  the 
civil-service  rules.    Copies  of  all  records  of  efficiency  shall  be  furnished  by  the 
departments  and  independent  establishments  to  the  Civil  Service  Commission 
for  record  in  accordance  with  the  provisions  of  this  section. — Sec.  4,  act  of  Aug. 
23,  1912  (37  Stat.,  413). 

892.  Duties  relating  to  efficiency  ratings  transferred. — The  duties  relating 
ro  efficiency  ratings  imposed 'upon  the  Civil  Service  Commission  by  section  4  of 
the   legislative,    executive,    and    judicial    appropriation    act    approved    August 
twenty -third,  nineteen  hundred  and  twelve,     *     *     *     are  transferred  to  the 
Bureau  of  Efficiency.— Act  of  Feb.  28,  1916  (39  Stat.,  15). 

EMPLOYMENT— RESTRICTIONS,   ETC. 

893.  Authority  to  employ  clerks  and  other  employees. — Each  head  of  a  de- 
partment is  authorized  to  employ  in  his  department  such  number  of  clerks  of 


160  PERSONNEL — CIVILIANS. 

the  several  classes  recognized  by  law,  and  such  messengers,  assistant  mes- 
sengers, copyists,  watchmen,  laborers,  and  other  employees,  and  at  such  rates 
of  compensation,  respectively,  as  may  be  appropriated  for  by  Congress  from  year 
to  year. — Sec.  169,  R.  S. 

894.  Members  of  National  Guard  to  be  restored  to  former  positions  when 
mustered  out  of  service. — All  officers  and  enlisted  men  of  the  National  Guard 
*     *     *     who  are  Government  employees  and  who  respond  to  the  call  of  the 
President  for  service  shall,  at  the  expiration  of  the  military  service  to  which 
they  are  called,  be  restored  to  the  positions  occupied  by  them  at  the  time  of 
the  call.— Act  of  Aug.  29,  1916  (39  Stat.,  624). 

895.  Members  of  Officers'  Reserve  Corps  to  be  restored  to  Government  posi- 
tions; when. — That  members  of  the  Officers'  Reserve  Corps  who  are  in  the 
employ  of  the  United  States  Government  or  of  the  District  of  Columbia  and 
who  are  ordered  to  duty  by  proper  authority  shall,  when  relieved  from  duty, 
be  restored  to  the  positions  held  by  them  when  ordered  to  duty. — Act  of  May 
12,1917  (40  Stat.,  72). 

896.  Employing   clerks,    etc.,    beyond   provisions    of   law,    prohibited. — The 
executive  officers  of  the  Government  are  hereby  prohibited  from  employing 
any   clerk,   agent,   engineer,   draughtsman,   messenger,   watchman,   laborer,   or 
other  employee,  in  any  of  the  executive  departments  in  the  city  of  Washington, 
or  elsewhere  beyond  provisions  made  by  law. — Sec.  5,  act  of  Aug.  15,  1876  (19- 
Stat.,  169). 

897.  Use  of  intoxicating  beverages  a  bar  to  official  position. — No  person 
habitually  using  intoxicating  beverages  to  excess  shall  be  appointed   to,   or 
retained  in,  any  office,  appointment,  or  employment  to  which  the  provisions  of 
this  act  are  applicable. — Sec.  8,  act  of  Jan.  16,  1883  (22  Stat.,  400). 

898.  Two  or  more  members  of  a  family  holding  positions,  further  appoint- 
ments restricted. — Whenever  there  are  already  two  or  more  members  of  a  family 
in  the  public  service  in  the  grades  covered  by  this  act,  no  other  member  of  such 
family  shall  be  eligible  to  appointment  to  any  of  said  grades. — Sec.  9,  ibid. 

899.  Recommendations  of  Representatives  in  Congress  not  to  be  considered, 
except  as  to  character,  etc. — No  recommendation  of  any  person  who  shall  apply 
for  office  or  place  under  the  provisions  of  this  act  which  may  be  given  by 
any   Senator  or  Member  of  the  House  of  Representatives,  except  as  to  the 
character  or  residence  of  the  applicant,   shall  be  received  or  considered  by 
any  person  concerned  in  making  any  examination  or  appointment  under  this 
act. — Sec.  10,  ibid. 

900.  Voluntary  and  personal  services;  restriction. — Nor  shall  any  depart- 
ment or  any  officer  of  the  Government  accept  voluntary  service  for  the  Gov- 
ernment or  employ  personal  service  in  excess  of  that  authorized  by  law,  except 
in  cases  of  sudden  emergency  involving  the  loss  of  human  life  or  the  destruction 
of  property. — Sec.  3679,  R.  S.,  as  amended  by  sec.  4,  act  of  Mar.  3,  1905  (39 
Stat.,  1257)  and  sec.  3,  act  of  Feb.  27,  1906  (34  Stat.,  48). 

HOLIDAYS. 

901.  Per  diem  employees. — The  employees  of  the  Navy  Yard,   Government 
Printing  Office.  Bureau  of  Printing  and  Engraving,  and  all  other  per  diem  em- 
ployees of  the  Government  on  duty  at  Washington,  or  elsewhere  in  the  United; 


PERSONNEL  —  CIVILIANS.  161 

States,  shall  be  allowed  the  following  holidays,  to  wit  :  The  first  day  of  Janu- 
ary, the  twenty-second  day  of  February,  the  fourth  day  of  July,  the  twenty-fifth 
day  of  December,  and  such  days  as  may  be  designated  by  the  President  as  days 
for  national  thanksgiving,  and  shall  receive  the  same  pay  as  on  other  days.  — 
Joint  res.  5,  Jan.  6,  1885  (23  Stat., 


902.  Same;  Decoration  Day  and  Fourth  of  July.  —  All  per  diem  employees  of 
the  Government,  on  duty  at  Washington  or  elsewhere  in  the  United  States,  shall 
be  allowed  the  day  of  each  year  which  is  celebrated  as  "  Memorial  "  or  "  Deco- 
ration Day  "  and  the  fourth  of  July  of  each  year,  as  holidays,  and  shall  receive 
the  same  pay  as  on  other  days.—  -Joint  res.  6,  Feb.  23,  1887   (24  Stat.,  644). 

903.  Same;  Labor  Day.  —  The  first  Monday  of  September  in  each  year,  being 
the  clay  celebrated  and  known  as  Labor's  Holiday,  is  hereby  made  a  legal  pub- 
lic holiday,  to  all  intents  and  purposes,  in  the  same  manner  as  Christmas,  the 
first  day  of  January,  the  twenty-second  day  of  February,  the  thirtieth  day  of 
May,  and  the  fourth  day  of  July  are  now  made  by  law  public  holidays.  —  Act  of 
June  28,  1894  (28  Stat.,  96). 

904.  Employees  in  the  District  of  Columbia.  —  The  following  days  in  each 
year,  namely,  the  first  day  of  January,  commonly  called  New  Year's  Day  ;  the 
twenty-second  day  of  February,  known  as  Washington's  Birthday;  the  fourth 
of  July;   the  thirtieth   day   of  May,   commonly   called   Decoration   Day;   the 
first  Monday  in  September,  known  as  Labor's  Holiday  ;  the  twenty-fifth  day  of 
December,   commonly   called   Christmas   Day;    every    Saturday,    after   twelve 
o'clock  noon  ;  any  day  appointed  or  recommended  by  the  President  of  the  United 
States  as  a  day  of  public  fasting  or  thanksgiving,  and  the  day  of  the  inaugura- 
tion of  the  President,  in  every  fourth  year,  shall  be  holidays  in  the  District  for 
all  purposes.  —  Sec.  1389,  act  of  Mar.  3,  1901  (31  Stat.,  1404),  as  amended  by  act 
of  June  30,  1902  (32  Stat.,  543). 

HOURS  OF  WORK. 

905.  Eight  hours  to  constitute  a  day's  work  for  laborers,  workmen,  etc.  — 
The  service  and  employment  of  all  laborers  and  mechanics  who  are  now  or 
may  hereafter  be  employed  by  the  Government  of  the  United  States,  by  the 
District  of  Columbia,  or  by  any  contractor  or  subcontractor  upon  any  of  the 
public  works  of  the  United  States  or  of  the  said  District  of  Columbia,  is  hereby 
limited  and  restricted  to  eight  hours  in  any  one  calendar  day,  and  it  shall  be 
unlawful  for  any  officer  of  the  United  States  Government  or  of  the  District  of 
Columbia  to  any  such  contractor  or  subcontractor  whose  duty  it  shall  be  to 
employ,  direct,  or  control  the  services  of  such  laborers  or  mechanics  to  require 
or  permit  any  such  laborer  or  mechanic  to  work  more  than  eight  hours  in  any 
calendar  day  except  in  case  of  extraordinary  emergency.  —  Sec.  1,  act  of  Aug. 
1.  1892  (27  Stat.,  340). 

906.  Same.  —  Suspension  of,   in   time   of   national   emergency.  —  In   case   of 
national  emergency  the  President  is  authorized  to  suspend  provisions  of  law 
prohibiting  more  than  eight  hours'  labor  in  any  one  day  of  persons  engaged 
upon  work  covered  by  contracts  with  the  United  States.  —  Act  of  Mar.  4,  1917 
(39  Stat.,  1192). 

907.  Seven  hours  to  constitute  a  day's  work  for  clerks,  etc.,  in  executive 
departments.  —  Hereafter  it  shall  be  the  duty  of  the  heads  of  the  several  execu- 

49392—18  -  11 


162  PERSONNEL CIVILIANS. 

live  departments,  in  the  interest  of  the  public  service,  to  require  of  all  clerks 
and  other  employees,  of  whatever  grade  or  class,  in  their  respective  depart- 
ments, not  less  than  seven  hours  of  labor  each  day,  except  Sundays  and  days 
declared  public  holidays  by  law  or  Executive  order. — Sec.  5,  act  of  Mar.  S, 
1893  (27  Stat.,  715),  as  amended  by  sec.  7,  act  of  Mar.  15,  1898  (30  Stat.,  316). 

908.  Same — Extension  of;  by  whom. — The  heads  of  the  departments  may,  by 
special  order,  stating  the  reason,  further  extend  the  hours  of  any  clerk  or 
employee  in  their  departments,  respectively,  but  in  case  of  an  extension  it  shall 
be  without  additional  compensation. — Ibid. 

LEAVE   OF  ABSENCE. 

909.  Annual  leave;  authority  for. — The  head  of  any  department  may  grant 
thirty   days'   annual  leave   with  pay   in   any   one   year   to   each   clerk  or  em- 
ployee.— Sec.  5,   act   of  Mar.  3,  1893    (27  Stat.,  715),  as  amended  by  sec.  7f 
act  of  Mar.  15,  1898  (30  Stat.,  316). 

910.  Same;  to  be  vn  addition  to  sick  leave. — Nothing  contained  .in  section 
seven   of  the   act   making   appropriations   for   the   legislative,   executive,   and 
judicial  expenses  of  the  Government  for  the  fiscal  year  eighteen  hundred  and 
ninety-nine,  approved  March  fifteenth,  eighteen  hundred  and  ninety-eight,  shall 
be  construed  to  prevent  the  head  of  any  executive  department  from  granting 
thirty  days'  annual  leave  with  pay  in  any  one  year  to  a  clerk  or  employee, 
notwithstanding  such  clerk  or  employee  may  have  had  during  such  year  not 
exceeding  thirty  days'  leave  with  pay  on  account  of  sickness  as  provided  in 
said  section  seven.— A ct  of  July  7,  1898  (30  Stat.,  653). 

911.  Same;  thirty  days,  exclusive  of  Sundays  and  holidays. — The  thirty  days* 
annual  leave  of  absence  with  pay  in  any  one  year  to  clerks  and  employees  in 
the  several  executive   departments   authorized   by   existing  law   shall   be  ex- 
clusive of  Sundays  and  legal  holidays. — Sec.  4,  act  of  Feb.  24,  1899  (30  Stat., 
890). 

912.  Pay  to  stop  at  expiration  of  granted  leave. — This  section  shall  not  be 
construed  to  mean  that  so  long  as  a  clerk  or  employee  is  borne  upon  the  rolls 
of  the  department  in  excess  of  the  time  herein  provided  for  or  granted  that  he 
or  she  shall  be  entitled  to  pay  during  the  period  of  such  excessive  absence, 
but  that  the  pay  shall  stop  upon  the  expiration  of  the  granted  leave. — Sec.  5, 
act  of  Mar.  3,  1893   (27  Stat.,  715),  as  amended  by  sec.  7,  act  of  Mar.  15, 
1898  (30  Stat.,  316). 

913.  Leaves  of  absence  of  thirty  days  to  all  employees. — Each   and  every 
employee  of  the  navy  yards,  gun  factories,  naval  stations,  and  arsenals  of  the 
United    States   Government   is  hereby   granted  thirty   days'  leave  of  absence 
each  year,   without  forfeiture 'of  pay   during  such  leave:   Provided,  That  it 
shall  be  lawful  to  allow  pro  rata  leave  only  to  those  serving  twelve  consecu- 
tive months  or  more:  And  provided  further,  That  in  all  cases  the  heads  of 
divisions  shall   have  discretion  as  to  the  time  when  the  leave  can  best  be 
allowed :  And  provided  further,  That  not  more  than  thirty  days'  leave  with 
pay  shall  be  allowed  any  such  employee  in  one  year:  Provided  further,  That 
this  provision  shall  not  be  construed  to  deprive  employees  of  any  sick  leave  or 
legal  holidays  to  which  they  may  now  be  entitled  under  existing  law. — Act  of 
Aug.  29,  1916  (39  Stat.,  617). 


PERSONNEL — CIVILIANS.  163 

:.  Members  of  the  National  Guard  during  parades  and  encampments. — All 
officers  and  employees  of  the  United  States  and  of  the  District  of  Columbia 
who  are  members  of  the  National  Guard  shall  be  entitled  to  leave  of  absence 
from  their  respective  duties,,  without  loss  of  pay  or  time,  on  all  days  of  any 
parade  or  encampment  ordered  or  authorized  under  the  provisions  of  this 
act— Sec.  49,  act  of  Mar.  1,  1889  (25  Stat.,  775). 

915.  Same;  engaged  in  field  or  coast  defense  training. — All  officers  and  em- 
ployees of  the  United   States  mid  of  the  District  of  Columbia   who  shall  be 
members  of  the  National  Guard  shall  be  entitled  to  leave  of  absence  from  their 
respective  duties,  without  loss  of  pay,  time,  or  efficiency  rating,  on  all  days 
during  which  they  shall  be  engaged  in  field  or  coast-defense  training  ordered 
or  authorized  under  the  provisions  of  this  act. — Sec.  80,  act  of  June  3,  1916 
(39  Stat.,  203). 

916.  Memlers  of  Officers'   Reserve   Corps,   duty  with  troops   or  field   exer- 
cises,  etc. — That  all  officers  and  employees  of  the  United  States  or  of  the 
District  of  Columbia  who  shall  be  members  of  the  Officers'  Reserve  Corps 
shall  be  entitled  to  leave  of  absence  from  their  respective  duties,  without  loss 
of  pay,  time,   or  efficiency   rating,  on  all   days  during  which  they   shall    be 
ordered  to  duty  with  troops  or  at  field  exercises,  or  for  instruction,  for  periods 
not  to  exceed  fifteen  days  in  any  one  calendar  year. — Act  of  May  12,  1917 
(40  Stat.,  72). 

917.  Sick  leave,  authority  for. — Where  some  member  of  the  immediate  family 
of  a  clerk  or  employee  is  afflicted  with  a  contagious  disease  and  requires  the  care 
and  attendance  of  such  employee,  or  where  his  or  her  presence  in  the  department 
would  jeopardize  the  health  of  fellow  clerks,  and  in  exceptional  and  meritorious 
cases,   where  a  clerk  or  employee  is  personally  ill,  and  where  to  limit  the 
annual  leave  to  thirty  days  in  any  one  calendar  year  would  work  peculiar 
hardship,  it  may  be  extended,  in  the  discretion  of  the  head  of  the  department, 
with  pay,  not  exceeding  thirty  days  in  any  one  case  or  in  any  one  calendar 
year. — Sec.  5,  act  of  Mar.  3,  1893   (27  Stat.,  715),  as  amended  by  sec.  7,  act 
of  Mar.  15,  1898  (30  Stat.,  316). 

MEDICAL  SUPPLIES. 

918.  Purchase  of  at  military  posts. — Hereafter  civilian  employees  of  the 
Army  stationed  at  military  posts  may,  under  regulations  to  be  made  by  the 
Secretary  of  War,  purchase  necessary  medical  supplies  when  prescribed  by  a 
medical  officer  of  the  Army.— Sec.  1,  act  of  Mar.  2,  1905  (33  Stat.,  839). 

OATHS. 

919.  Official  oath  of  office. — Section  seventeen  hundred  and  fifty-six  of  the 
Revised  Statutes  be,  and  the  same  is  hereby  repealed,  and  hereafter  the  oath 
to  be  taken  by  any  person  elected  or  appointed  to  any  office  of  honor  or  profit 
either  in   the  civil,   military,  or  naval   service,  except  the   President  of  the 
United  States,  shall  be  as  prescribed  in  section  seventeen  hundred  and  fifty- 
seven  of  the  Revised  Statutes.     But  this  repeal  shall  not  affect  the  oaths  pre- 
scribed by  existing  statutes  in  relation  to  the  performance  of  duties  in  special 
or  particular  subordinate  offices  and  employments. — Sec.  2,  act  of  May  13,  1884 
(23  Stat.,  22). 

40392* 


164  PERSONNEL CIVILIANS. 

920.  Same;  form   of. — Whenever    any   person     *     *     *     is   elected   or    ap- 
pointed to  any  office  of  honor  or  trust  under  the  Government  of  the  United 
States,     *     *     *     he  shall,  before  entering  upon  the  duties  of  his  office,  take 
and  subscribe  in  lieu  of  that  oath  the  following  oath :  "  I,  A.  B.,  do  solemnly 
swear  (or  affirm)  that  I  will  support  and  defend  the  Constitution  of  the  United 
States  against  all  enemies,  foreign  and  domestic;  that  I  will  bear  true  faith 
and  allegiance  to  the  same;  that  I  take  this  obligation  freely,  without  any 
mental  reservation  or  purpose  of  evasion;  and  that  I  will  well  and  faithfully 
discharge  the  duties  of  the  office  on  which  I  am  about  to  enter.     So  help  me 
God."— Sec.  1757,  R.  S. 

921.  Who  may  administer. — The  oath  of  office  required  by  the  preceding  sec- 
tion may  be  taken  before  any  officer  who  is  authorized,  either  by  the  laws  of 
the  United  States  or  by  the  local  municipal  law,  to  administer  oaths,  in  the 
•State,    Territory,    or    district    where    such   oath    may    be    administered. — Sec. 
1758,  R.  S. 

922.  Custody  of  oath. — The  oath  of  office  taken  by  any  person  pursuant  to 
the   requirements   of   section   seventeen   hundred   and    fifty-six   or   of   section 
seventeen  hundred  and  fifty-seven  shall  be  delivered  in  by  him,  to  be  preserved 
among  the  files  of  the  House  of  Congress,  department,  or  court  to  which  the 
office  in  respect  to  which  the  oath  is  made  may  appertain. — Sec.  1759,  R.  S. 

PAY  FOB  SERVICES. 

923.  Annual  rate  of  pay. — The  annual  salaries  of  clerks  and  employees  in 
the  departments  whose  compensation  is  not  otherwise  prescribed  shall  be  as 
follows : 

First.  To  clerks  of  the  fourth  class,  one  thousand  eight  hundred  dollars. 

Second.  To  clerks  of  the  third  class,  one  thousand  six  hundred  dollars. 

Third.  To  clerks  of  the  second  class,  one  thousand  four  hundred  dollars. 

Fourth.  To  clerks  of  the  first  class,  one  thousand  two  hundred  dollars. 

Fifth.  To  the  women  employed  in  duties  of  a  clerical  character,  subordinate  to 
those  assigned  to  clerks  of  the  first  class,  including  copyists  and  counters,  or 
temporarily  employed  to  perform  the  duties  of  a  clerk,  nine  hundred  dollars. 

Sixth.  To  messengers,  eight  hundred  and  forty  dollars. 

Seventh.  To  assistant  messengers,  seven  hundred  and  twenty  dollars. 

Eighth.  To  laborers,  seven  hundred  and  twenty  dollars. 

Ninth.  To  watchmen,  seven  hundred  and  twenty  dollars. — Sec.  167,  R.  S. 

924.  Temporary  clerks. — Except  when  a  different  compensation  is  expressly 
prescribed  by  law,  any  clerk  temporarily  employed  to  perform  the  same  or 
similar  duties  with  those  belonging  to  clerks  of  either  class  is  entitled  to  the 
same  salary  as  is  allowed  to  clerks  of  that  class. — Sec.  J?68,  R.  S. 

925.  Performance  of  duties  of  one  clerk  by  another. — No  allowance  or  com- 
pensation shall  be  made  to  any  officer  or  clerk,  by  reason  of  the  discharge  of 
duties  which  belong  to  any  other  officer  or  clerk  in  the  same  or  any  other  de- 
partment;  and  no  allowance  or  compensation  shall  be  made  for  any  extra 
services  whatever,  which  any  officer  of  clerk  may  be  required  to  perform,  unless 
expressly  authorized  by  law. — Sec.  1764,  R-  S. 

NOTE. — This  statute  defined  by  Judge  Advocate  General  in  opinion  of  February  14,  1917. 

926.  Office  of  the  Quartermaster  General. — Chief  clerk,  two  thousand  seven 
hundred  and  fifty  dollars;  principal  clerks— five  at  two  thousand  two  hundred 


PERSONNEL CIVILIANS.  165 

and  fifty  dollars  each,  three  at  two  thousand  dollars  each;  clerks — fifteen  of 
class  four,  twenty-nine  of  class  three,  fifty  of  class  two,  ninety-three  of  class 
one,  fifty-nine  at  one  thousand  dollars  each,  ten  at  nine  hundred  dollars  each; 
advisory  architect,  four  thousand  dollars ;  draftsmen — three  at  one  thousand 
eight  hundred  dollars  each,  seven  at  one  thousand  six  hundred  dollars  each, 
live  at  one  thousand  four  hundred  dollars  each;  supervising  engineer,  two 
thousand  seven  hundred  and  fifty  dollars;  hydraulic  and  sanitary  engineer, 
two  thousand  dollars;  civil  engineer,  one  thousand  eight  hundred  dollars;  elec- 
trical engineer,  two  thousand  dollars;  electrical  and  mechanical  engineer,  two 
thousand  two  hundred  and  fifty  dollars;  marine  engineer,  three  thousand  five 
hundred  dollars;  sanitary  and  heating  engineer,  one  thousand  eight  hundred 
dollars;  six  messengers;  fourteen  assistant  messengers;  twelve  laborers; 
laborer,  six  hundred  dollars.— Act  of  Mar.  3,  1917  (39  Stat.,  1095). 
See  annual  appropriation  acts. 

927.  Same;  increased  compensation  during  fiscal  year  1918. — That  to  pro- 
vide, during  the  fiscal  year  nineteen  hundred  and  eighteen,  for  increased  com- 
pensation at  the  rate  of  ten  per  centum  per  annum  to  employees  who  receive 
salaries  at  a  rate  per  annum  less  than  one  thousand  two  hundred  dollars,  and 
for  increased  compensation  at  the  rate  of  five  per  centum  per  annum  to  employees 
who  receive  salaries  at  a  rate  not  more  than  one  thousand  eight  hundred  dollars 
per  annum  and  not  less  than  one  thousand  two  hundred  dollars  per  annum,  so 
much  as  may  be  necessary  is  appropriated:  Provided,  That  this  section  shall 
only  apply  to  the  employees  who  are  appropriated  for  in  this  act  specifically 
and  under  lump  sums  or  whose  employment  is  authorized  herein :  Provided  fur- 
ther, That  detailed  reports  shall  be  submitted  to  Congress  on  the  first  day  of 
the  next  session  showing  the  number  of  persons,  the  grades  or  character  of  po- 
sitions, the  original  rates  of  compensation,  and  the  increased  rates  of  compen- 
sation provided  for  herein.— Sec.  7,  act  of  Mar.  3,  1917  (39  Stat.,  1121). 

928.  Computation  of. — Hereafter,  where  the  compensation  of  any  person  in 
the  service  of  the  United  States  is  annual  or  monthly,  the  following  rules  for 
division  of  time  and  computation  of  pay  for  services  rendered  are  hereby  estab- 
lished :  Annual  compensation  shall  be  divided  into  twelve  equal  installments, 
one  of  which  shall  be  the  pay  for  each  calendar  month;  and  in  making  pay- 
ments for  a  fractional  part  of  a  month,  one-thirtieth  of  one  of  such  installments, 
or  of  a  monthly  compensation,  shall  be  the  daily  rate  of  pay.    For  the  purpose 
of  computing  such  compensation  and  for  computing  time  for  services  rendered 
during  a  fractional  part  of  a  month  in  connection  with  annual  or  monthly 
compensation,  each  and  every  month  shall  be  held  to  consist  of  thirty  days, 
without  regard  to  the  actual  number  of  days  in  any  calendar  month,  thus  ex- 
cluding  the   thirty-first   of   any   calendar   month   from   the   computation   and 
treating  February  as  if  it  actually  has  thirty  days.     Any  person  entering  the 
service  of  the  United  States  during  a  thirty-one  day  month  and  serving  until 
the  end  thereof  shall  be  entitled  to  pay  for  that  month  from  the  date  of  entry 
to  the  thirtieth  day  of  said  month,  both  days  inclusive ;  and  any  person  enter- 
ing said  service  during  the  month  of  February   and   serving  until  the  end 
thereof  shall  be  entitled  to  one  month's  pay,  less  as  many  thirtieths  thereof 
as  there  were  days  elapsed  prior  to  date  of  entry. — Sec.  6,  act  of  June  30,  1906 
(34  Stat.,  763). 

929.  Forfeiture,   unauthorized   absence   on   thirty- first   day  of   month. — For 
one  day's  unauthorized  absence  on  the  thirty-first  day  of  any  calendar  month 
one  day's  pay  shall  bo  forfeited. — Ibid. 


166  PERSONNEL CIVILIANS. 

930.  From  lump-sum  appropriations  increase  during  fiscal  year  1918. — Dur- 
ing the  fiscal  year  nineteen  hundred  and  eighteen,  all  civilian  employees  in  the 
Military   Establishment,    including   on   the   lump-sum   rolls  only   those  persons 
who  are  carried  thereon  at  the  close  of  the  fiscal  year  ending  June  thirtieth, 
nineteen  hundred  and  seventeen,  shall  receive  increased  compensation  at  the 
•rate  of  ten  per  centum  per  annum  to  such  employees  who  receive  salaries  or 
wages  in  such  establishment  at  a  rate  per  annum  of  less  than  one  thousand 
two  hundred  dollars,  and  increased  compensation  at  a  rate  of  five  per  centum 
per  annum  to  such  employees  who  receive  salaries  or  wages  in  such  establish- 
ment at  a  rate  of  not  more  than  one  thousand  eight  hundred  dollars  per  an- 
num and  not  less  than  one  thousand  two  hundred  dollars  per  annum:  And 
jn-oridcd  further.  That  so  much  as  may  be  necessary  for  this  purpose  is  hereby 
appropriated  out  of  any  moneys  in  the  Treasury  not  otherwise  appropriated. — 
Act  of  May  12,  1917  (JtO  Stat.,  77,). 

931.  Same. — Increased  compensation  restricted. — That  no  civil  employee  in 
.any  of  the  executive  departments  or  other  Government  establishments,  or  who 
lias  been  employed  therein  within  the  period  ol  one  year  next  preceding  his 
proposed  employment  in  any  other  executive  d-^vrtment  or  other  Government 
establishment,  shall  be  employed  hereafter  and  paid  from  a  lump-sum  appro- 
priation in   any   other  executive   department  or   other   Government  establish- 
ment at  an  increased  rate  of  compensation.     And  no  civil  employee  in  any  of 
the  executive  departments   ->r   other   Government  establishments   or  who   has 
been  employed  therein  within  the  period  of  one  year  next  preceding  his  pro- 
posed  employment   in   any   other  executive  department  or   other   Government 
establishment  and  who  may  be  employed  in  another  executive  department  or 
other  Government  establishment  shall  be  grained  an  increase  in  compensation 
within  the  period  of  one  year  following  such  reemployment :  Provided,  That 
the  United  States  Shipping  Board  Emergency  Fleet  Corporation  shall  be  con- 
sidered a  Government  establishment  for  the  purposes  of  this  section :  Provided 
f-urllier.  That  this  section  shall  not  be  construed  to  repeal  section  five  of  the 
Act  of  June   twenty-second,   nineteen   hundred    and   six,    which   prohibits   the 
transfer  of  employees  from  one  department  to  another. — Nrr.  7.  act  of  Oct.  6. 
1917  (40  Stat.,  388). 

932.  Pieceworkers  and  per  diem  employees;  increased  compensation  diirinci 
fiscal  year  1918. — That  in   determining   the   right   of  employees   to   Increased 
compensation .  as  heretofore  authorized  by  law  at  rates  of  five  and  ten  per 
centum  per  annum  for  the  fiscal  year  nineteen  hundred  and  eighteen,  such  em- 
ployees as  are  employed  on  piecework,  by  the  hour,  or  at  per  diem  rates,  shall  be 
entitled  to  receive,  from  July  first,  nineteen  hundred  and  seventeen,  to  June  thir- 
tieth, nineteen  hundred  and  eighteen,  inclusive.  r:ie  increased  compensation  at 
the  rate  of  ten  per  centum  when  the  fixed  rate  of  compensation  for  the  regular 
working  hours  and  on  the  basis  of  three  hundred  and  twelve  days  in  said  year 
-would  amount  to  less  than  one  thousand  two  imr.dred  dollars,  and  at  the  rate 
of  five  per  centum  when  not  less  than  one  thousand  two  hundred  dollars  and 
not  more  than  one  thousand  eight  hundred  dollars :  Provided,  That  this  method 
of  computation  shall  not  apply  to  any  per  diem  employees  regularly  paid  a  per 
diem  for  every  day  in  the  year. — Rer,.  8.  act  of  Oct.  6,  1917  (W  Stul..  -JN'/). 

PAY   FOB   SERVICES — ADDITIONAL   PAY. 

933.  Forciyn  service,  employees  at  headquarters. — On  and  after  July  first, 
nineteen  hundred  and  fourteen,  the  pay  of  clerks  and  messengers  at  head- 


PERSONNEL — CIVILIANS.  167 

quarters  of  territorial  departments,  tactical  divisions,  brigades,  and  service 
schools,  who  are  citizens  of  the  United  States,  shall  be  increased  two  hundred 
dollars  each  per  annum  while  serving  in  the  Philippine  Islands,  such  service  to 
be  computed  from  the  date  of  departure  from  the  continental  limits  of  the 
United  States  to  the  date  of  return  thereto. — Act  of  Mar.  4,  1915  (88  Stat., 
1067). 

934.  Employees  on  harbor  boats,  in  lieu  of  subsistence. — That     *     *     *     of 
the  appropriation  hereby  made  shall  be  available  for  additional  pay  of  em- 
ployees on  harbor  boats,  quartermaster  service,  in  lieu  of  subsistence. — Annual 
appropriation  act. 

935.  Authority  for  niukiny  allotments  of  pay. — The  Secretary  of  War  is  hereby 
authorized  to  permit,  under  such  regulations  as  he  may  prescribe,     *     *     * 
any  permanent  civilian  employee  under  the  .jurisdiction  of  the  War  Depart- 
ment on  duty  outside  of  the  continental  limits  of  the  United  States,  to  make 
allotments  of  his  pay  for  the  support  of  his  wife,  children,  or  dependent  rela- 
tives, or  for  such  other  purposes  as  the  Secretary  of  War  may  deem  proper. — 
Act  of  Oct.  6, 1917  (40  Stat.,  885). 

936.  Credit  to  disbursing  officers  for  payment  of. — All  allotments  of  pay  of 
*     *     *     civilian  employees  that  have  been  or  shall  be  paid  to  designated  al- 
lottees previous  to  the  receipt  by  disbursing  officer  of  notice  of  discontinuance 
of  the  same  from  the  officer  required  by  regulations  to  furnish  such  notice  shall 
pass  to  the  credit  of  the  disbursing  officer  who  has  made  or  shall  make  such 
payments. — Ibid. 

937.  Erroneous  payments  to  be  collected  from  responsible  officers. — If  erro- 
neous payment  is  made  because  of  the  failure  of  an  officer  to  report,  in  the  man- 
ner prescribed  by  the  Secretary  of  War,  the  death  of  the  grantor,  or  any  fact 
which  renders  the  allotment  not  payable,  then  the  amount  of  such  erroneous 
payment  shall  be  collected  by  the  Quartermaster  General  from  the  officer  who 
fails  to  make  such  report,  if  such  collection  is  practicable. — Ibid. 

PAY    FOB    SERYICES— BE8TBICTIOK8,    ETC. 

938.  To  be  paid  from  specific  appropriations  only. — No  civil  officer,  clerk, 
draughtsman,   copyist,   messenger,   assistant   messenger,   mechanic,   watchman, 
laborer,  or  other  employee  shall  after  the  first  day  of  October  next  be  em- 
ployed in  any  of  the  executive  departments,  or  subordinate  bureaus  or  offices 
thereof  at  the  seat  of  the  Government,  except  only  at  such  rates  and  in  such 
numbers,  respectively,  as  may  be  specifically  appropriated  for  by  Congress  for 
such  clerical  and  other  personal  services  for  each  fiscal  year;  and  no  civil 
officer,  clerk,  draughtsman,  copyist,  messenger,  assistant  messenger,  mechanic, 
watchman,  laborer,  or  other  employee  shall  hereafter  be  employed  at  the  seat 
of  the  Government  in  any  executive  department  or  subordinate  bureau  or  office 
thereof  or  be  paid  from  any  appropriation  made  for  contingent  expenses,  or 
for  any  specific  or  general  purpose,  unless  such  employment  is  authorized  and 
payment  therefor  specifically  provided  in  the  law  granting  the  appropriation, 
and  then  only  for  services  actually  rendered  in  connection  with  and  for  the 
purposes  of  the  appropriation  from  which  payment  is  made,  and  at  the  rate  of 
compensation  usual  and  proper  for  such  services,  and  after  the  first  day  of 
October  next  section  one  hundred  and  seventy-two  of  the  Revised  Statutes,  and 
all  other  laws  and  parts  of  law  inconsistent  with  the  provisions  of  this  act,  and 

49392* 


168  PERSONNEL CIVILIANS. 

all  laws  and  parts  of  law  authorizing  Uie  employment  of  officers,  clerks, 
draughtsmen,  copyists,  messengers,  assistant  messengers,  mechanics,  watchmen, 
laborers,  or  other  employees  at  a  different  rate  of  pay  or  in  excess  of  the  num- 
bers authorized  by  appropriations  made  by  Congress,  be,  and  they  are  hereby, 
repealed. — Sec.  4,  act  of  Aug.  5,  1882  (22  Stat.,  255). 

939.  Punishment  for  violations. — That  any  person  violating  section  4  of  the 
legislative,   executive,   and  judicial   appropriation  act   approved  Aug.   5,   1882 
(Stat.  L.,  vol.  22,  p.  255),  shall  be  summarily  removed  from  office,  and  may 
also  upon  conviction  thereof  be  punished  by  a  fine  of  not  more  than  $1,000 
or  by  imprisonment  for  not  more  than  one  year. — Sec.  5,  act  of  Aug.  23.  1912 
(37  Stat.,  414). 

940.  Permanently  incapacitated  persons;   appropriations   not   available   for 
payment  of. — The  appropriations  herein  made  for  the  officers,  clerks,  and  per- 
sons employed  in  the  public  service  shall  not  be  available  for  the  compensation 
of  any  person  incapacitated  otherwise  than  temporarily  for  performing  such 
service. — Annual  appropriation  act. 

941.  Double  salaries   restricted.  —Unless  otherwise  specially   authorized   by 
law  no  money  appropriated  by  this  or  any  other  act  shall  be  available  for  pay- 
ment to  any  person  receiving  more  than  one  salary  when  the  combined  amount 
of  said  salaries  exceeds  the  sum  of  two  thousand  dollars  per  annum,  but  this 
shall  not  apply  to  retired  officers  of  the  Army,  Navy,  or  Marine  Corps  when- 
ever they  may  be  appointed  or  elected  to  public  office  or  whenever  the  President 
shall  appoint  them  to  office  by  and  with  the  advice  and  consent  of  the  Senate, 
or  to  officers  and  enlisted  men  of  the  Organized  Militia  and  Naval  Militia,  in 
the  several  States,  Territories,  and  the  District  of  Columbia. — Sec.  6,  act  of 
May  10, 1916  (39  Stat.,  120).  ns  amended  ?>?/  act  of  Aug.  29.  1916  (39  Stat.,  582). 

942.  From  lump-sum  appropriations  restricted. — No  part  of  any  money  con- 
tained herein  or  hereafter  appropriated  in  lump  sum  shall  be  available  for  the 
payment  of  personal  services  at  a  rate  of  compensation  in  excess  of  that  paid 
for  the  same  or  similar  services  during  the  preceding  fiscal  year ;  nor  shall  any 
person  employed  at  a  specific  salary  be  hereafter  transferred  and  hereafter 
paid   from   a   lump-sum   appropriation   a   rate   of  compensation   greater   than 
such  specific  salary,  and  the  heads  of  departments  shall  cause  this  provision 
to  be  enforced:   Provided,  That  this   section   shall   not  apply   to   mechanics, 
artisans,  their  helpers  and  assistants,  laborers,  or  any  other  employees  whose 
duties  are  of  similar  character  and  required  in  carrying  on  the  various  manu- 
facturing or  constructing  operations  of  the  Government. — Sec.  7,  act  of  Aug.  26, 
1912  (37  Stat.,  626),  as  amended  by  sec.  4,  act  of  Mar.  4,  1913  (37  Stat.,  790). 

943.  Same. — It  shall  not  be  lawful  hereafter  to  pay  to  any  person,  employed 
in  the  service  of  the  United  States  under  any  general  or  lump-sum  appropri- 
ation, any  sum  additional  to  the  regular  compensation  received  for  or  attached 
to  any  employment  held  prior  to  an  appointment  or  designation  as  acting  for 
or  instead  of  an  occupant  of  any  other  office  or  employment.     This  provision 
shall  not  be  construed  as  prohibiting  regular  and  permanent  appointments  by 
promotion  from  lower  to  higher  grades  of  employment. — Sec.  12,  act  of  Aug.  1, 
1914   (38  Stat.,  680). 

944.  Extra  services,  no  additional  compensation  allowed. — No  money  shall  bo 
paid  to  any  clerk  employed  in  either  Department  at  an  annual  salary,  as  com- 
pensation for  extra  services,  unless  expressly  authorized  by  law. — Sec.  170,  R.  R. 


PERSONNEL — CIVILIANS.  169 

945.  Civilian  employees,  Quartermaster  Corps. — The  number  of  and  total  sum 
paid  for  civilian  employees  in  the  Quartermaster  Corps  shall  be  limited  to  the 
actual  requirements  of  the  service,  and  that  no  employee  therein  shall  receive  a 
salary  of  more  than  one  hundred  and  fifty  dollars  per  month,  except  upon  the 
approval  of  the  Secretary  of  War. — Animal  appropriation  act. 

946.  Rates  of  pay  made  permanent  law. — That  all  laws  or  parts  of  laws  to 
the  extent  they  are  inconsistent  with  rates  of  salaries  or  compensation  appro- 
priated by  this  act  are  repealed,  and  the  rates  of  salaries  or  compenstion  of 
officers  or  employees  herein  appropriated  shall  constitute  the  rate  of  salary  or 
compenstion  of  such  officer  or  employees,  respectively,  until  otherwise  fixed  by 
annual  rate  of  appropriation  or  other  law. — Sec.  6,  act  of  July  16,  1914   (38 
Stat.,  509). 

947.  Same. — The  officers  and  employees  of  the  United  States  whose  salaries 
are  herein  appropriated  for  are  established  and  shall  continue  from  year  to 
year  to  the  extent  they  shall  be  appropriated  for  by  Congress. — Sec.  6,  act  of 
Mar.  4,  1915  (38  Stat..  10J,9). 

PENSION  ROLL  OB  HONORABLE  SERVICE  ROLL. 

948.  Establishment  of  prohibited. — The  establishment  of  a  civil  pension  roll 
or  an  honorable  service  roll,  or  the  exemption  of  any  of  the  officers,  clerks,  and 
persons  in  the  public  service  from  the  existing  la\vs  respecting  employment  in 
such  service,  is  hereby  prohibited.— -See.  4,  act  of  Feb.  24,  1899  (30  Stat.,  890). 

REDUCTIONS   IN    FORCE. 

949.  Retention  of  honorably  discharged  soldiers  and  sailors. — In  the  event  of 
reductions  being  made  in  the  force  in  any  of  the  executive  departments  no 
honorably  discharged  soldier  or  sailor  whose  record  in  said  department  is  rated 
good  shall  be  discharged  or  dropped,  or  reduced  in  rank  or  salary.     Any  person 
knowingly  violating  the  provisions  of  this  section  shall  be  summarily  removed 
from  office,  and  may  also  upon  conviction  thereof  be  punished  by  a  fine  of  not 
more  than  one  thousand  dollars  or  by  imprisonment  for  not  more  than  one 
year.— Sec.  4,  act  of  Aug.  24, 1912  (37  Stat.,  413). 

950.  Removal  on  charges. — No  person  in  the  classified  civil  service  of  the 
United  States  shall  be  removed  therefrom  except  for  such  cause  as  will  promote 
the  efficiency  of  said  service  and  for  reasons  given  in  writing,  and  the  person 
whose  removal  is  sought  shall  have  notice  of  the  same  and  of  any  charge  pre- 
ferred against  him,  and  be  furnished  with  a  copy  thereof,  and  also  be  allowed 
a  reasonable  time  for  personally  answering  the  same  in  writing,  and  affidavits 
in  support  thereof;  but  no  examination  of  witnesses  nor  any  trial  or  hearing 
shall  be  required  except  in  the  discretion  of  the  officer  making  the  removal ;  and 
copies  of  charges,  notice  of  hearing,  answer,  reasons  for  removal,  and  of  the 
order  of  removal  shall  be  made  a  part  of  the  records  of  the  proper  department 
or  office,  as  shall  also  the  reasons  for  reduction  in  rank  or  compensation ;  and 
copies  of  the  same  shall  be  furnished  to  the  person  affected  upon  request,  and 
the  Civil  Service  Commission  also  shall,  upon  request,  be  furnished  copies  of  the 
same.— Sec.  6,  act  of  Aug.  24, 1912  (37  Stat.,  555). 

951.  Employees  not  prohibited  membership  in  society  for  improving  condi- 
tions,  etc. — Membership   in  any   society,   association,  club,   or   other   form   of 
organization  of  postal  employees  not  affiliated  with  any  outside  organization 


170  PERSONNEL CIVILIANS. 

imposing  an  obligation  or  duty  upon  them  to  engage  in  any  strike,  or  proposing 
to  assist  them  in  any  strike,  against  the  United  States,  having  for  its  object, 
among  other  things,  improvements  in  the  condition  of  labor  of  its  members, 
including  hours  of  labor  and  compensation  therefor  and  leave  of  absence,  by 
any  person  or  groups  of  persons  in  said  Postal  Service,  or  the  presenting  by  any 
such  person  or  groups  of  persons  of  any  grievance  or  grievances  to  the  Congress 
or  any  Member  thereof  shall  not  constitute  or  be  cause  for  reduction  in  rank  or 
compensation  or  removal  of  such  person  or  groups  of  persons  from  said  service. 
The  right  of  persons  employed  in  the  civil  service  of  the  United  States,  either 
individually  or  collectively,  to  petition  Congress,  or  any  Member  thereof,  or  to 
furnish  information  to  either  House  of  Congress,  or  to  any  committee  or 
member  thereof,  shall  not  be  denied  or  interfered  with. — Ibid. 

TRANSFERS. 

952.  Not  eligible  for  transfer  to  another  department  until  they  have  served 
three  years. — It  shall  not  be  lawful  hereafter  for  any  clerk  or  other  employee 
in  the  classified  service  in  any  of  the-  executive  departments  to  be  transferred 
from  one  department  to  another  department  until  such  clerk  or  other  employee 
shall  have  served  for  a  term  of  three  years  in  the  department  from  which  he 
desires  to  be  transferred. — Sec.  5,  act  of  June  22,  1906  (34  Stat.,  449). 

953.  Same — Transfers  from  executive  departments  to  independent  establish- 
ments, and  vice  versa;  United  States  Shipping  Board  included. — That  section 
five  of  the  act  of  June  twenty-second,  nineteen  hundred  and  six,  prohibiting  the 
transfer  of  employees  from  one  executive  department  to  another  shall  apply 
with  equal  force  and  effect  to  the  transfer  of  employees  from  executive  depart- 
ments to  independent  establishments,  and  vice  versa,  and  to  the  transfer  of  em- 
ployees from  one  independent  establishment  to  another:  Provided,  That  the 
United  States  Shipping  Board  Emergency  Fleet  Corporation  shall  be  considered 
a  Government  establishment  for  the  purposes  of  this  section. — Sec.  6,  act  of  Oct. 
6,1917  (40  Stat.,  383). 

TRAVEL  ALLOWANCE. 

954.  Actual  expenses. — On  and  after  July  first,  nineteen  hundred  and  four- 
teen, unless  otherwise  expressly  provided  by  law,  no  officer  or  employee  of  the 
United  States  shall  be  allowed  or  paid  any  sum  in  excess  of  expenses  actually 
incurred  for  subsistence  while  traveling  on  duty  outside  of  the  District  of  Co- 
lumbia and  away  from  his  designated  post  of  duty,  nor  any  sum  for  such  ex- 
penses  actually   incurred   in   excess   of  five   dollars  per   day;    nor   shall   any 
allowance  or  reimbursement  for  subsistence  be  paid  to  any  officer  or  employee 
in  any  branch  of  the  public  service  of  the  United  States  in  the  District  of 
Columbia  unless  absent  from  his  designated  post  of  duty  outside  of  the  District 
of  Columbia,  and  then  only  for  the  period  of  time  actually  engaged  in  the  dis- 
charge of  official  duties. — Sec.  1,  act  of  Apr.  6,  1914  (38  Stat.,  318). 

955.  Per  diem  allowance. — The  heads  of  executive  departments  and  other 
Government  establishments  are  authorized  to  prescribe  per  diem  rates  of  allow- 
ance not  exceeding  four  dollars  in  lieu  of  subsistence  to  persons  engaged  in 
field  work  or  traveling  on  official  business  outside  of  the  District  of  Columbia 
and  away  from  their  designated  posts  of  duty  when  not  otherwise  fixed  by  law. 
For  the  fiscal  year  nineteen  hundred  and  sixteen  and  annually  thereafter  esti- 
mates of  appropriations  from  which  per  diem  allowances  are  to  be  paid  shall 
specifically  state  the  rates  of  such  allowance. — Sec.  13,  act  of  Aug.  1,  1914  (38 
Stat.,  680). 


PERSONNEL  -  CIVILIANS.  171 


INJURIES   RECEIVED    IN   THE    SERVICE. 


"956,  L'omiK  nxation  for;  eu-ccitt-ionx.  —  The  United  States  shall  pay  compensa- 
tion as  hereinafter  specified  for  the  disability  or  death  of  an  employee  resulting 
from  a  personal  injury  sustained  while  in  the  performance  of  his  duty,  but  no 
rompensation  shall  he  paid  if  the  injury  or  death  is  caused  by  the  willful  mis- 
conduct of  the  employee  or  by  the  employee's  intention  to  bring  about  the  injury 
or  death  of  himself  or  of  another,  or  if  intoxication  of  the  injured  employee  is 
the  proximate  cause  of  the  injury  or  death.—  Act  of  Nr/^.'T,  1UJ6  (39  Stat.,  ?'.'/.  0- 

957.  No  pay  durinn  firxt  three  dai/x.  —  That  during  the  first  three  days  of  dis- 
ability the  employee  shall  not  be  entitled  to  compensation  except  as  provided  in 
MM  -lion  nine.     No  compensation   shall   at   any   lime  be  paid   for  such  period.  — 
./Sec.  2,  ibid. 

958.  Total  dixn  biliti/.—  That  if  the  disability  is  total  the  United  States  shall 
pay  to  the  disabled  employee  during  such  disability  a  monthly  compensation 
equal   to  sixty-six  and  two-thirds  per   centum   of  his  monthly  pay.   except  as 
.hereinafter  provided.  —  Sec.  3,  ibid. 

959.  Partial  disability.  —  That  if  the  disability  is  partial  the  United  States 
shall  pay  to  the  disabled  employee  during  such  disability  a  monthly  compensa- 
tion equal  to  sixty-six  and  two-thirds  per  centum  of  the  difference  between  his 
monthly  pay  and  his  monthly  wage-earning  capacity  after  the  beginning  of  such 
partial  disability.    The  commission  may,  from  time  to  time,  require  a  partially 
disabled  employee  to  make  an  affidavit  as  to  the  wages  which  he  is  then  re- 
<ceiving.    In  such  affidavit  the  employee  shall  include  a  statement  of  the  value  of 
bousing,   board,   lodging,  and  other  advantages  which   are  received  from  the 
employer  as  a  part  of  his  remuneration  and  which  can  be  estimated  in  money. 
If  the  employee,  when  required,  fails  to  make  such  affidavit,  he  shall  not  be 
entitled  to  any  compensation  while  such  failure  continues,  and  the  period  of 
such  failure  shall  be  deducted  from  the  period  during  which  compensation  is 
payable  to  him.  —  Sec.  Jh  ibid. 

960.  Sainc  —  Ao  IKIII  if  rcf-uximj  1<>   irnrk.  —  That  if  a  partially  disabled  em- 
ployee refuses  to  seek  suitable  work  or  refuses  or  neglects  to  work  after  suit- 
able work  is  offered  to,  procured  by,  or  secured  for  him,  he  shall  not  be  entitled 
to  any  compensation.  —  Sec.  o,  ibid. 

961.  Monthly  compensation  to  minors  and  learners;  decrease  for  old  age.  — 
That  the  monthly  compensation  for  total  disability  shall  not  be  more  than 
sixty-six  dollars  and   sixty-seven  cents  nor  less  than  thirty-three  dollars  and 
thirty-three  cents,  unless  the  employee's  monthly  pay  is  less  than  thirty-three 
dollars  and  thirty-three  cents,  in  which  case  his  monthly  compensation  shall 
.be  the  full  amount  of  his  monthly  pay.     The  monthly  compensation  for  partial 
.disability  shall  not  be  more  than  sixty-six  dollars  and  sixty-seven  cents.     In 
the  case  of  persons  who  at  the  time  of  the  injury  were  minors  or  employed  in  a 
learner's  capacity  and  who  were  not  physically  or  mentally  defective,  the  com- 
mission shall,  on  any  review  after  the  time  when  the  monthly  wage-earning 
capacity  of  such  persons  would  probably,  but  for  the  injury,  have  increased, 
award  compensation  based  on  such  probable  monthly  wage-earning  capacity. 
The  commission  may,  on  any  review  after  the  time  when  the  monthly  wage- 
earning  capacity  of  the  disabled  employee  would  probably,  irrespective  of  the 
injury,  have  decreased  on  account  of  old  age.  award  compensation  based  on 
such  probable  monthly  wage-earning  capacity.  —  8ec.  6.  ibid. 


172  PERSONNEL CIVILIANS. 

962.  Other  pay,  etc.,  restricted,  pensions  excepted. — That  as  long  as  the  em- 
ployee is  in  receipt  of  compensation  under  this  act,  or,  if  he  has  been  paid  a 
lump  sum  in  commutation  of  installment  payments,  until  the  expiration  of  the 
period   during   which    such   installment   payments   would   have   continued,   he 
shall  not  receive  from  the  United  States  any  salary,  pay,  or  remuneration  what- 
soever except  in  return  for  services  actually  performed,  and  except  pensions 
for  service  in  the  Army  or  Navy  of  the  United  States. — Sec.  7,  ibid. 

963.  Leave  with  pay  to  be  used  first. — That  if  at  the  time  the  disability  be- 
gins the  employee  has  annual  or  sick  leave  to  his  credit  he  may,  subject  to  the 
approval  of  the  head  of  the  department,  use  such  leave  until  it  is  exhausted, 
in  which  case  his  compensation  shall  begin  on  the  fourth  day  of  disability  after 
the  annual  or  sick  leave  has  ceased. — Sec.  8,  ibid. 

964.  Medical,  surgical,  and  hospital  services,  transportation  if  necessary. — 
That  immediately  after  an  injury  sustained  by  an  employee  while  in  the  per- 
formance of  his  duty,  whether  or  not  disability  has  arisen,  and  for  a  reason- 
able time  thereafter,  the  United  States  shall  furnish  to  such  employee  reason- 
able medical,  surgical,  and  hospital  services  and  supplies  unless  he  refuses  to 
accept  them.     Such  services  and  supplies  shall  be  furnished  by  United  States 
medical  officers  and  hospitals,  but  where  this  is  not  practicable  shall  be  fur- 
nished by  private  physicians  and  hospitals  designated  or  approved  by  the  com- 
mission and  paid  for  from  the  employees'  compensation  fund.     If  necessary 
for  the  securing  of  proper  medical,  surgical,  and  hospital  treatment,  the  em- 
ployee, in  the  discretion  of  the  commission,  may  be  furnished  transportation  at 
the  expense  of  the  employees'  compensation  fund. — Sec.  9,  ibid. 

965.  Allowances  in  case  of  death. — That  if  death  results  from  the  injury 
within  six  years  the  United  States  shall  pay  to  the  following  persons  for  the 
following  periods  a  monthly  compensation  equal  to  the  following  percentages 
of  the  deceased  employee's  monthly  pay,  subject  to  the  modification  that  no 
compensation  shall  be  paid  where  the  death  takes  place  more  than  one  year 
after  the  cessation  of  disability  resulting  from  such  injury,  or,  if  there  has 
been  no  disability  preceding  death,  more  than  one  year  after  the  injury : 

(A)  To  the  widow,  if  there  is  no  child,  thirty-five  per  centum.     This  com- 
pensation shall  be  paid  until  her  death  or  marriage. 

(B)  To  the  widower,  if  there  is  no  child,  thirty -five  per  centum,  if  wholly 
dependent  for  support  upon  the  deceased  employee  at  the  time  of  her  death. 
This  compensation  shall  be  paid  until  his  death  or  marriage. 

(C)  To  the  widow  or  widower,  if  there  is  a  child,  the  compensation  pay- 
able under  clause  (A)  or  clause  (B)  and  in  addition  thereto  ten  per  centum 
for  each  child,  not  to  exceed  a  total  of  sixty-six  and  two-thirds  per  centum 
for  such  widow  or  widower  and  children.    If  a  child  has  a  guardian  other 
than  the  surviving  widow  or  widower,  the  compensation  payable  on  account 
of  such  child  shall  be  paid  to  such  guardian.    The  compensation  payable  on 
account  of  any  child  shall  cease  when  he  dies,  marries,  or  reaches  the  age  of 
eighteen,  or,  if  over  eighteen,  and  incapable  of  self-support,  becomes  capable 
of  self-support. 

(D)  To  the  children,  if  there  is  no  widow  or  widower,  twenty-five  per  centum 
for  one  child  and  ten  per  centum  additional  for  each  additional  child,  not  to 
exceed  a  total  of  sixty-six  and  two-thirds  per  centum,  divided  among  such 
children  share  and  share  alike.    The  compensation  of  each  child  shall  be  paid 
until  he  dies,  marries,  or  reaches  the  age  of  eighteen,  or,  if  over  eighteen  and 


PERSONNEL — CIVILIANS.  173 

incapable  of  self-support,  becomes  capable  of  self-support.    The  compensation  of 
a  child  under  legal  age  shall  be  paid  to  its  guardian. 

(E)  To  the  parents,  if  one  is  wholly  dependent  for  support  upon  the  deceased 
employee  at  the  time  of  his  death  and  the  other  is  not  dependent  to  any  extent, 
twenty-five  per  centum;  if  both  are  wholly  dependent,  twenty  per  centum  to 
each;  if  one  is  or  both  are  partly  dependent,  a  proportionate  amount  in  the 
discretion  of  the  commission. 

The  above  percentages  shall  be  paid  if  there  is  no  widow,  widower,  or  child. 
If  there  is  a  widow,  widower,  or  child,  there  shall  be  paid  so  much  of  the  above 
percentages  as,  when  added  to  the  total  percentages  payable  to  the  widow, 
widower,  and  children,  will  not  exceed  a  total  of  sixty-six  and  two-thirds  per 
centum. 

(F)  To   the  brothers,   sisters,   grandparents,   and   grandchildren,   if  one   is 
wholly  dependent  upon  the  deceased  employee  for  support  at  the  time  of  his 
death,  twenty  per  centum  to  such  dependent;  if  more  than  one  are  wholly  de- 
pendent, thirty  per  centum,  divided  among  such  dependents  share  and  share 
alike;  if  there  is  no  one  of  them  wholly  dependent,  but  one  or  more  partly 
dependent,  ten  per  centum  divided  among  such  dependents  share  and  share  alike. 

The  above  percentages  shall  be  paid  if  there  is  no  widow,  widower,  child,  or 
dependent  parent.  If  there  is  a  widow,  widower,  child,  or  dependent  parent, 
there  shall  be  paid  so  much  of  the  above  percentages  as,  when  added  to  the 
total  percentage  payable  to  the  widow,  widower,  children,  and  dependent 
parents,  will  not  exceed  a  total  of  sixty-six  and  two-thirds  per  centum. 

(G)  The  compensation  of  each  beneficiary  under  clauses  (E)  and  (F)  shall 
be  paid  for  a  period  of  eight  years  from  the  time  of  the  death,  unless  before 
that  time  he,  if  a  parent  or  grandparent,  dies,  marries,  or  ceases  to  be  de- 
pendent, or,  if  a  brother,  sister,  or  grandchild,  dies,  marries,  or  reaches  the  age 
of  eighteen,  or,  if  over  eighteen  and  incapable  of  self-support,  becomes  capable 
of  self-support.     The  compensation  of  a  brother,  sister,  or  grandchild  under 
legal  age  shall  be  paid  to  his  or  her  guardian. 

(H)  As  used  in  this  section,  the  term  "child"  includes  stepchildren,  adopted 
children,  and  posthumous  children,  but  does  not  include  married  children.  The 
terms  "  brother  "  and  "  sister  "  include  stepbrothers  and  stepsisters,  half  broth- 
ers and  half  sisters,  and  brothers  and  sisters  by  adoption,  but  do  not  include  mar- 
ried brothers  or  married  sisters.  All  of  the  above  terms  and  the  terms  "  grand- 
child "  include  only  persons  who  at  the  time  of  the  death  of  the  deceased  em- 
ployee are  under  eighteen  years  of  age  or  over  that  age  and  incapable  of  self- 
support.  The  term  "  parent "  includes  stepparents  and  parents  by  adoption. 
The  term  "  widow  "  includes  only  the  decedent's  wife  living  with  or  dependent 
for  support  upon  him  at  the  time  of  his  death.  The  term  "  widower  "  includes 
only  the  decedent's  husband  dependent  for  support  upon  her  at  the  time  of  her 
death.  The  terms  "  adopted  "  and  "  adoption  "  as  used  in  this  clause  include 
only  legal  adoption  prior  to  the  time  of  the  injury. 

(I)  Upon  the  cessation  of  compensation  under  this  section  to  or  on  account 
of  any  person,  the  compensation  of  the  remaining  persons  entitled  to  compen- 
sation for  the  unexpired  part  of  the  period  during  which  their  compensation  is 
payable  shall  be  that  which  such  persons  would  have  received  if  they  had  been 
the  only  persons  entitled  to  compensation  at  the  time  of  the  decedent's  death. 

(J)  In  case  there  are  two  or  more  classes  of  persons  entitled  to  compensa- 
tion under  this  section  and  the  apportionment  of  such  compensation,  above 
provided,  would  result  in  injustice,  the  commission  may,  in  its  discretion,  modify 
the  apportionment  to  meet  the  requirements  of  the  case. 

(K)  In  computing  compensation  under  this  section,  the  monthly  pay  shall 
be  considered  not  to  be  more  than  one  hundred  dollars  nor  less  than  fifty  dol- 


174  PERSONNEL CIVILIANS. 

lars,  but  the  total  monthly  compensation  shall  not  exceed  the  monthly  pay  com- 
puted as  provided  in  section  twelve. 

(L)  If  any  person  entitled  to  compensation  under  this  section,  whose  com- 
pensation by  the  terms  of  this  section  ceases  upon  his  marriage,  accepts  any 
payments  of  compensation  after  his  marriage  he  shall  be  punished  by  a  fine  of 
not  more  than  two  thousand  dollars  or  by  imprisonment  for  not  more  than  one 
year,  or  by  both  such  fine  and  imprisonment. — Sec.  10,  ibid. 

966.  Burial  expenses  allowed.—  That  if  death  results  from  the  injury  within 
six  years  the  United  States  shall  pay  to  the  personal  representative  of  the 
deceased  employee  burial  expenses  not  to  exceed  $100,  in  the  discretion  of  the 
commission.     In   the  case  of  an  employee  whose  home  is  within  the  United 
States,  if  his  death  occurs  away  from  his  home  office  or  outside  of  the  United 
States,  and  if  so  desired  by  his  relatives,  the  body  shall,  in  the  discretion  of 
the  commission,  be  embalmed  and  transported  in  a  hermetically  sealed  casket 
to  the  home  of  the  employee.    Such  burial  expenses  shall  not  be  paid  and  such 
transportation  shall  not  be  furnished  where  the  death  takes  place  more  than 
one  year  after  the  cessation  of  disability  resulting  from  such  injury,  or,  if 
there  has  been  no  disability  preceding  death,  more  than  one  year  after  the 
injury.— Sec.  11,  ibid. 

967.  Computation    of    employees'    monthly    pay. — That    in    computing    the 
monthly  pay  the  usual  practice  of  the  service  in  which  the  employee  was  em- 
ployed shall  be  followed.     Subsistence  and  the  value  of  quarters  furnished  an 
employee  shall  be  included  as  part  of  the  pay,  but  overtime  pay  shall  not  be 
taken  into  account. — Sec.  12,  ibid. 

968.  Wage-earning  capacity  if  partially  disabled. — That  in  the  determination 
of  the  employee's  monthly  wage-earning  capacity  after  the  beginning  of  par- 
tial  disability,   the  value  of   housing,  board,   lodging,   and  other  advantages 
which  are  received  from  his  employer  as  a  part  of  his  remuneration  and  which 
can  be  estimated  in  money  shall  be  taken  into  account. — Sec.  IS,  ibid. 

969.  Lump  sum  commutations;  computation  of. — That  in  cases  of  death  or  of 
permanent  total  or  permanent  partial  disability,  if  the  monthly  payment  to  the 
beneficiary  is  less  than  five  dollars  a  month,  or  if  the  beneficiary  is  or  is  about 
to  become  a  nonresident  of  the  United  States,  or  if  the  commission  determines 
that  it  is  for  the  best  interests  of  the  beneficiary,  the  liability  of  the  United 
States  for  compensation  to  such  beneficiary  may  be  dicharged  by  the  payment 
of  a  lump  sum  equal  to  the  present  value  of  all  future  payments  of  compensa- 
tion computed  at  four  per  centum  true  discount  compounded  annually.     The 
probability  of  the  beneficiary's  death  before  the  expiration  of  the  period  during 
which  he  is  entitled  to  compensation  shall  be  determined   according  to  the 
American  Experience  Table  of  Mortality;  but  in  case  of  compensation  to  the 
widow  or  widower  of  the  deceased  employee,  such  lump  sum  shall  not  exceed 
sixty  months'  compensation.     The  probability  of  the  happening  of  any  other 
contingency  affecting  the  amount  or  duration  of  the  compensation   shall  be 
disregarded. — Sec.  14,  ibid. 

970.  Written  notice  of  injury  required. — That  every  employee  injured  in  the 
performance  of  his  duty,  or  some  one  on  his  behalf,  shall,  within  forty-eight 
hours  after  the  injury,  give  written  notice  thereof  to  the  immediate  superior 
of  the  employee.    Such  notice  shall  be  given  by  delivering  it  personally  or  by 
depositing  it  properly  stamped  and  addressed  in  the  mail. — Sec.  15,  ibid. 


PERSONNEL CIVILIANS.  175 

971.  Preparation  of  written  notice. — That  the  notice  shall  state  the  name  and 
address  of  the  employee,  the  year,  month,  day,  and  hour  when  and  the  par- 
ticular locality  where  the  injury  occurred,  and  the  cause  and  nature  of  the 
injury,  and  shall  be  signed  by  and  contain  the  address  of  the  person  giving 
the  notice. — Sec.  16,  ibid. 

972.  Written  notice  necessary  to  secure  pay. — That  unless  notice  is  given; 
within  the  time  specified  "or  unless  the  immediate  superior  has  actual  knowledge 
of  the  injury,  no  compensation  shall  be  allowed,  but  for  any  reasonable  cause 
shown,  the  commission  may  allow  compensation  if  the  notice  is  filed  within 
one  year  after  the  injury. — Sec.  17,  ibid. 

973.  Claim    inustt  be  filed. — That  no  compensation   under  this  act  shall   be- 
allowed  to  any  person,  except  as  provided  in  section  thirty-eight,  unless  he  or 
some  one  on   his  behalf  shall,   within   the  time   specified   in   section   twenty, 
make  a   written  claim  therefor.     Such  claim  shall  be  made  by  delivering  it 
at  the  office  of  the  commission  or  to  any  commissioner  or  to  any  person  whom 
the  commission  may  by  regulation  designate,  or  by  depositing  it  in  the  mail 
properly  stamped  and  addressed  to  the  commission  or  to  any  person  whom  the 
commission  may  by  regulation  designate. — Sec.  18,  ibid. 

974.  Forms,  etc. — That  every  claim  shall  be  made  on  forms  to  be  furnished 
by  the  commission  and  shall  contain  all  the  information  required  by  the  com- 
mission.    Each  claim  shall  be  sworn  to  by  the  person  entitled  to  compensation 
or  by  the  person  acting  on  his  behalf,  and,  except  in  case  of  death,  shall  be 
accompanied  by  a  certificate  of  the  employee's  physician  stating  the  nature 
of  the  injury  and  the  nature  and  probable  extent  of  the  disability.     For  any 
reasonable  cause  shown  the  commission  may  waive  the  provisions  of  this  sec- 
tion.— Sec.  19,  ibid. 

975.  Time  for  inuldny  claims. — That  all  original  claims  for  compensation  for 
disability  shall  be  made  within  sixty  days  after  the  injury.    All  original  claims 
for  compensation  for  death  shall  be  made  within  one  year  after  the  death. 
For  any  reasonable  cause  shown  the  commission  may  allow  original  claims  for 
compensation  for  disability  to  be  made  at  any  time  -within  one  year. — Sec. 

20,  ibid. 

976.  Medical  examinations;  suspension  of  pay  on  refusal. — That  after  the 
injury  the  employee  shall,  as  frequently  and  at  such  times  and  places  as  may 
be  reasonably   required,  submit  himself  to  examination  by  a  medical  officer 
of  the  United  States  or  by  a  duly  qualified  physician  designated  or  approved 
by  the  commission.     The  employee  may  have  a  duly  qualified  physician  desig- 
nated and  paid  by  him  present  to  participate  in  such  examination.     For  alt 
examinations  after  the  first  the  employee  shall,  in  the  discretion  of  the  com- 
mission, be  paid  his  reasonable  traveling  and  other  expenses  and  loss  of  wages 
incurred   in  order  to  submit  to  such  examination.     If  the  employee  refuses 
to  submit  himself  for  or  in  any  way  obstructs  any  examination,  his  right  to 
claim  compensation  under  this  act  shall  be  suspended  until  such  refusal  or 
obstruction  ceases.     No  compensation  shall  be  payable  while  such  refusal  or 
obstruction  continues,  and  the  period  of  such  refusal  or  obstruction  shall  be 
deducted  from   the  period  for  which  compensation  is  payable  to  him. — Sec-.. 

21,  ibid. 


176  PERSONNEL — CIVILIANS. 

977.  Reexamination  if  physicians  disagree. — That  in  case  of  any  disagree- 
ment between  the  physician  making  an  examination  on  the  part  of  the  United 
States  and  the  employee's  physician   the   commission   shall   appoint   a   third 
physician,  duly  qualified,  who  shall  make  an  examination. — Sec.  22,  ibid. 

978.  Examination  fees. — That  fees  for  examinations  made  on  the  part  of  the 
United  States  under  sections  twenty-one  and  twenty-two  by  physicians  wrho  are 
not  already  in  the  service  of  the  United  States  shall  be  fixed  by  the  commis- 
sion.   Such  fees,  and  any  sum  payable  to  the  employee  under  section  twenty-one, 
shall  be  paid  out  of  the  appropriation  for  the  work  of  the  commission. — Sec.  23, 
ibid. 

979.  Superior  officer  to  report  injury. — That  immediately  after  an  injury  to 
an  employee  resulting  in  his  death  or  in  his  probable  disability,  his  immediate 
superior  shall  make  a  report  to  the  commission  containing  such  information  as 
the  commission  may  require,  and  shall  thereafter  make  such  supplementary 
reports  as  the  commission  may  require. — Sec.  24,  ibid. 

980.  Assignment  of  claims  void. — That  any  assignment  of  a  claim  for  com- 
pensation under  this  act  shall  be  void  and  all  compensation  and  claims  therefor 
shall  be  exempt  from  all  claims  of  creditors. — Sec.  25,  ibid. 

981.  Assignment  of  action  for  damages  in  case  of  legal  liability  upon  some 
other  person. — If  an  injury  or  death  for  which  compensation  is  payable  under 
this  act  is  caused  under  circumstances  creating  a  legal  liability  upon  some 
person  other  than  the  United  States  to  pay  damages  therefor,  the  commission 
may  require  the  beneficiary  to  assign  to  the  United  States  any  right  of  action 
he  may  have  to  enforce  such  liability  of  such  other  person  or  any  right  which 
he  may  have  to  share  in  any  money  or  other  property  received  in  satisfaction 
of  such  liability  of  such  other  person,  or  the  commission  may  require  said  bene- 
ficiary to  prosecute  said  action  in  his  own  name.    If  the  beneficiary  shall  refuse 
to  make  such  assignment  or  to  prosecute  said  action  in  his  own  name  when 
required  by  the  commission,  he  shall  not  be  entitled  to  any  compensation  under 
this  act. 

The  cause  of  action  when  assigned  to  the  United  States  may  be  prosecuted 
or  compromised  by  the  commission,  and  if  the  commission  realizes  upon  such 
cause  of  action,  it  shall  apply  the  money  or  other  property  so  received  in  the 
following  manner:  After  deducting  the  amount  of  any  compensation  already 
paid  to  the  beneficiary  and  the  expenses  of  such  realization  or  collection,  which 
sum  shall  be  placed  to  the  credit  of  the  employees'  compensation  fund,  the 
surplus,  if  any,  shall  be  paid  to  the  beneficiary  and  credited  upon  any  future 
payments  of  compensation  payable  to  him  on  account  of  the  same  injury. — 
Sec.  26,  ibid. 

982.  Application  of  damages  received  by  employee  from  another  party. — That 
if  an  injury  or  death  for  which  compensation  is  payable  under  this  act  is 
caused  under  circumstances  creating  a  legal  liability  in  some  person  other  than 
the  United  States  to  pay  damages  therefor,  and  a  beneficiary  entitled  to  compen- 
sation from  the  United  States  for  such  injury  or  death  receives,  as  a  result  of 
a  suit  brought  by  him  or  on  his  behalf,  or  as  a  result  of  a  settlement  made  by 
him  or  on  his  behalf,  any  money  or  other  property  in  satisfaction  of  the  liability 
of  such  other  person,  such  beneficiary  shall,  after  deducting  the  costs  of  suit 


PERSONNEL — CIVILIANS.  177 

and  a  reasonable  attorney's  fee,  apply  the  money  or  other  property  so  received 
in  the  following  manner: 

(A)  If  his  compensation  has  been  paid  in  whole  or  in  part,  he  shall  refund 
to  the  United  States  the  amount  of  compensation  which  has  been  paid  by  the 
United  States  and  credit  any  surplus  upon  future  payments  of  compensation 
payable  to  him  on  account  of  the  same  injury.    Any  amount  so  refunded  to  the 
United  States  shall  be  placed  to  the  credit  of  the  employees'  compensation  fund. 

(B)  If  no  compensation  has  been  paid  to  him  by  the  United  States,  he  shall 
credit  the  money  or  other  property  so  received  upon  any  compensation  payable 
to  him  by  the  United  States  on  account  of  the  same  injury. — Sec.  27,  ibid. 

983.  Employees'  Compensation  Commission,  establishment  of. — That  a  com- 
mission is  hereby  created,  to  be  known  as  the  United  States  Employees'  Com- 
pensation Commission,  and  to  be  composed  of  three  commissioners  appointed  by 
the  President,  by  and  with  the  advice  and  consent  of  the  Senate,  one  of  whom  shall 
be  designated  by  the  President  as  chairman.     No  commissioner  shall  hold  any 
other  office  or  position  under  the  United  States.    No  more  than  two  of  said  com- 
missioners shall  be  members  of  the  same  political  party.     One  of  said  commis- 
sioners shall  be  appointed  for  a  term  of  two  years,  one  for  a  term  of  four  years, 
and  one  for  a  term  of  six  years,  and  at  the  expiration  of  each  of  said  terms,  the 
commissioner  then  appointed  shall  be  appointed  for  a  period  of  six  years.    Each 
commissioner  shall  receive  a  salary  of  four  thousand  dollars  a  year.    The  prin- 
cipal office  of  said  commission  shall  be  in  Washington,  District  of  Columbia, 
but  the  said  commission,  is  authorized  to  perform  its  work  at  any  place  deemed 
necessary  by*  said  commission,  subject  to  the  restrictions  and  limitations  of 
this  act.— -Sec.  28,  ibid. 

984.  Jurisdiction  of  all  other  offlces,  etc.,  transferred. — Upon  the  organization 
of  said  commission  and  notification  to  the  heads  of  all  executive  departments 
that  the  commission  is  ready  to  take  up  the  work  devolved  upon  it  by  this  act, 
all  commissions  and  independent  bureaus,  by  or  in  which  payments  for  compen- 
sation are  now  provided,  together  with  the  adjustment  and  settlement  of  such 
claims,  shall  cease  and  determine,  and  such  executive  departments,  commis- 
sions, and  independent  bureaus  shall  transfer  all  pending  claims  to  said  com- 
mission to  be  administered  by  it.    The  said  commission  may  obtain,  in  all  cases, 
in  addition  to  the  reports  provided  in  section  twenty-four,  such  information  and 
such  reports  from  employees  of  the  departments  as  may  be  agreed  upon  by  the 
commission  and  the  heads  of  the  respective  departments. — Sec.  28a,  ibid. 

985.  Authority  to  issue  subpo3nas  for  attendance  of  witnesses. — That  the  com- 
mission, or  any  commissioner  by  authority  of  the  commission,  shall  have  power 
to  issue  subpoenas  for  and  compel  the  attendance  of  witnesses  within  a  radius  of 
one  hundred  miles,  to  require  the  production  of  books,  papers,  documents,  and 
other  evidence,  to  administer  oaths,  and  to  examine  witnesses,  upon  any  matter 
within  the  jurisdiction  of  the  commission. — Sec.  29,  ibid. 

986.  Rules  and  regulations  to  be  made  by  commission. — That  the  commission 
is  authorized  to  make  necessary  rules  and  regulations  for  the  enforcement  of 
this  act,  and  shall  decide  all  questions  arising  under  this  act. — Sec.  82,  ibid. 

987.  Employees'  compensation  fund. — That  there  is  hereby  authorized  to  be 
appropriated,  from  any  money  in  the  Treasury  not  otherwise  appropriated,  the 
sum  of  five  hundred  thousand  dollars,  to  be  set  aside  as  a  separate  fund  in  the 

48392—18 12* 


178  PERSONNEL CIVILIANS. 

Treasury,  to  be  known  as  the  employees'  compensation  fund.  To  this  fund 
there  shall  be  added  such  sums  as  Congress  may  from  time  to  time  appropriate 
for  the  purpose.  Such  fund,  including  all  additions  that  may  be  made  to  it,  is 
hereby  authorized  to  be  permanently  appropriated  for  the  payment  of  the  com- 
pensation provided  by  this  act,  including  the  medical,  surgical,  and  hospital 
services  and  supplies  provided  by  section  nine,  and  the  transportation  and  burial 
expenses  provided  by  sections  nine  and  eleven.  The  commission  shall  submit 
annually  to  the  Secretary  of  the  Treasury  estimates  of  the  appropriations  neces- 
sary for  the  maintenance  of  the  fund. — Sec.  35,  ibid. 

988.  Determination  of  claims. — The  commission,  upon  consideration  of  the 
claim  presented  by  the  beneficiary,  and  the  report  furnished  by  the  immediate 
superior  and  the  completion  of  such  investigation  as  it  may  deem  necessary, 
shall  determine  and  make  a  finding  of  facts  thereon  and  make  an  award  for  or 
against  payment  of  the  compensation  provided  for  in  this  act.     Compensation 
when  awarded  shall  be  paid  from  the  employees'  compensation  fund. — Sec.  36, 
ibid. 

989.  Review,  etc.,  of  awards. — That  if  the  original  claim  for  compensation 
has  been  made  within  the  time  specified  in  section  twenty,  the  commission  may. 
at  any  time,  on  its  own  motion  or  on  application,  review  the  award,  and,  in 
accordance  with  the  facts  found  on  such  review,  may  end,  diminish,  or  increase 
the  compensation  previously  awarded,  or,  if  compensation  has  been  refused  or 
discontinued,  award  compensation. — Sec.  37,  ibid. 

990.  Cancellation  of  awards  made  by  mistake. — That  if  any  compensation  is 
paid  under  a  mistake  of  law  or  of  fact,  the  commission  shall  immediately  cancel 
any  award  under  which  such  compensation  has  been  paid  and  shall  recover,  as 
far  as  practicable,  any  amount  which  has  been  so  paid.    Any  amount  so  recov- 
ered shall  be  placed  to  the  credit  of  the  employees'  compensation  fund. — Sec. 
38,   ibid. 

991.  Punishment  for  false  statements,   etc. — That   whoever  makes,  in  any 
affidavit  required  under  section  four  or  in  any  claim  for  compensation,  any 
statement,  knowing  it  to  be  false,  shall  be  guilty  of  perjury  and  shall  be  pun- 
ished by  a  fine  of  not  more,  than  two  thousand  dollars,  or  by  imprisonment 
for  not  more  than  one  year,  or  by  both  such  fine  and  imprisonment. — Sec.  39, 
ibid. 

992.  Construction  of  terms  used. — That  wherever  used  in  this  act — 

The  singular  includes  the  plural  and  the  masculine  includes  the  feminine. 

The  term  "  employee  "  includes  all  civil  employees  of  the  United  States  and 
of  the  Panama  Railroad  Company. 

The  term  "commission"  shall  be  taken  to  refer  to  the  United  States  Em- 
ployees' Compensation  Commission  provided  for  in  section  twenty-eight 

The  term  "  physician  "  includes  surgeons. 

The  term  "  monthly  pay  "  shall  be  taken  to  refer  to  the  monthly  pay  at  the 
time  of  the  injury. — Sec.  40,  ibid. 

993.  Inconsistent  laws  repealed;  settlement  for  prior  injuries. — That  all  acts 
or  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed :  Provided,  how- 
ever, That  for  injuries  occurring  prior  to  the  passage  of  this  act  compensa- 
tion shall  be  paid  under  the  law  in  force  at  the  time  of  the  passage  of  this 
act— Sec.  41,  ibid. 


PRINTING  AND  BINDING.  179 

PRINTING  AND  BINDING. 

994.  Illustrations,  etc.,  restricted. — Hereafter  no  part  of  the  appropriations 
made  for  printing  and  binding  shall  be  used  for  any  illustration,  engraving, 
or  photograph  in  any  document  or  report  ordered  printed  by  Congress  unless 
the  order  to  print  expressly  authorizes  the  same,  nor  in  any  document  or 
report  of  any  executive  department  or  other  Government  establishment  until 
the   head   of  'the   executive   department   or    Government   establishment   shall 
certify  in  a  letter  transmitting  such  report  that  the  illustration  is  necessary 
and   relates   entirely   to   the   transaction   of   public   business. — Sec.   1,   act   of 
Mar.  3,  1905  (33  Stat.,  1213). 

995.  PrinHnff  of  looks  restricted. — Hereafter  no  book  or  document  not  having 
to  do  with  the  ordinary  business  transactions  of  the  executive  departments 
shall  be  printed  on  the  requisition  of  any  executive  department  or  unless  the 
same  shall  have  been  expressly  authorized  by  Congress. — Sec.  1,  act  of  Mar.  3, 
1905   (33  Stat.,  1249). 

996.  Filing  devices,  etc.,  to  he  charged  to  allotment  for  printing  and  bind- 
ing.— The  Public  Printer  is  authorized  hereafter  to  procure  and  supply,  on  the 
requisition  of  the  head  of  any  executive  department  or  other  Government  estab- 
lishment, complete  manifold  blanks,  books,  and  forms,  required  in  duplicating 
processes ;  also  complete  patented  devices  with  which  to  file  money-order  state- 
ments, or  other  uniform  official  papers,  and  to  charge  such  supplies  to  the  allot- 
ment for  printing  and  binding  of  the  department  or  Government  establishment 
requiring  the  same. — Act  of  June  28,  1902  (32  Stat.,  481). 

997.  Annual  estimates  to  be  submitted. — Hereafter  there  shall  be  submitted 
in  the  regular  annual  estimates  to  Congress  under  and  as  a  part  of  the  expenses 
for  "  Printing  and  binding,"  estimates  for  all  printing  and  binding  required  by 
each  of  the  executive  departments,  their  bureaus  and  offices,  and  other  Govern- 
ment establishments  at  Washington,  District  of  Columbia,  for  each  fiscal  year ; 
and  after  the  fiscal  year  nineteen  hundred  and  seven  no  appropriations  other 
than  those  made  specifically  and  solely  for  printing  and  binding  shall  be  used 
for  such  purposes  in  any  executive  department  or  other  Government  establish- 
ment in  the  District  of  Columbia :  Provided,  That  nothing  in  this  section  shall 
apply  to  stamped  envelopes,  or  envelopes  and  articles    of    stationery    other 
than  letterheads  and  noteheads,  printed  in  the  course  of  manufacture — Sec.  2, 
act  of  June  30,  1906  (34  Stat.,  762). 

998.  Public  documents;  to  be  printed  in  two  or  more  editions. — The  number 
of  copies  of  any  public  document  or  report  now  authorized  to  be  printed  or 
which  may  hereafter  be  authorized  to  be  printed  for  any  of  the  executive  de- 
partments, or  bureaus  or  branches  thereof,  or  independent  offices  of  the  Gov- 
ernment may  be  supplied  in  two  or  more  editions,  instead  of  one,  upon  a  requisi- 
tion on  the  Public  Printer  by  the  official  head  of  such  department  or  independent 
office,  but  in  no  case  shall  the  aggregate  of  said  editions  exceed  the  number  of 
copies  now  authorized,  or  which  may  hereafter  be  authorized. — Joint  Res.,  Mar. 
30,  1906  (34  Stat.,  826). 

999.  By  contract  or  in  open  market,  in  time  of  war. — In  time  of  actual  hostili- 
ties the  Secretary  of  War  may  procure  from  commercial  or  other  printing  estab- 
lishments, by  contract  or  open  market  purchase,  such  printing  and  binding  as 
may  be  required  for  the  use  of  the  Army  and  also  for  the  National  Guard  of 


180  PRINTING  AND  BINDING. 

the  several  States  and  Territories  and  of  the  District  of  Columbia  or  other  mili- 
tary forces  while  in  the  military  service  of  the  United  States  or  about  to  be 
called  into  said  service,  payment  for  such  printing  and  binding  to  be  made  from 
available  appropriations. — Act  of  May  12,  1911  (40  Stat.,  75). 

1000.  Appropriations  to  be  charged  under  Public  Resolution  13. — Hereafter, 
in  the  printing  and  binding  of  documents  or  reports  emanating  from  the  execu- 
tive  departments,   bureaus,   and   independent   offices   of   the   Government,   the 
cost  of  which  is  now  charged  to  the  allotment  for  printing  and  binding  for 
Congress,    or   to   appropriations   or   allotments    of   appropriations   other    than 
those  made  to  the  executive  departments,  bureaus,  or  independent  offices  of 
the  Government,  the  cost  of  illustrations,  composition,  stereotyping,  and  other 
work  involved  in  the  actual  preparation  for  printing,  apart  from  the  creation 
of  manuscript,  shall  be  charged  to  the  appropriation  or  allotment  of  appro- 
priation for   the  printing  and   binding  of  the   department,   bureau,   or   inde- 
pendent office  of  the  Government  in  which  such  documents  or  reports  origi- 
nate; the  balance  of  cost  shall  be  charged  to  the  allotment  for  printing  and 
binding  for  Congress,  and  to  the  appropriation  or  allotment  of  appropriation 
of  the  executive  department,  bureau,  or  independent  office  of  the  Government, 
in  proportion  to  the  number  delivered  to  each;  the  cost  of  any  copies  of  such 
documents   or   reports   distributed   otherwise   than   through   Congress,   or   the 
•executive  departments,  bureaus,   and  independent  offices  of  the   Government, 
if  such  there  be,  shall  be  charged  as  heretofore. — Act.  of  Mar.  80,  1906   (3% 
Mat.,  825). 

1001.  Same;  estimate  to  be  furnished  annually  by  Public  Printer. — On  or 
before  the  first  clay  of  December  in  each  fiscal  year  each  executive  depart- 
ment, bureau,  or  independent  office  of  the  Government  to  which  an  appropria- 
tion or  allotment  of  appropriation  for  printing  and  binding  is  made,   shall 
obtain  from  the  Public  Printer  an  estimate  of  the  probable  cost  of  all  publica- 
tions of  such  department,  bureau,  or  independent  office  now  required  by  law 
to  be  printed,  and  so  much  thereof  as  would,  under  the  terms  of  this  resolu- 
tion,  be  charged   to  the  appropriation  or   allotment  of  appropriation   of  the 
department,  bureau,  or  independent  office  of  the  Government  in  which  such 
publications  originate,  shall  thereupon  be  set  aside  to  be  applied  only  to  the 
printing  and  binding  of  such  documents  and  reports,  and  shall  not  be  avail- 
able for  any  other  purpose  until  all  of  such  allotment  of  cost  on  account  of 
such  document  and  reports  shall  have  been  fully  paid. — Ibid. 

1002.  Printing  restriction. — No  part  of  the  appropriations  for  the  Quarter- 
master's Department  shall  be  expended  on  printing  unless  the  same  shall  be 
done  at  the  Government  Printing  Office,  or  by  contract  after  due  notice  and 
competition,  except  in  such  cases  as  the  emergency  will  not  admit  of  the  giv- 
ing notice  of  competition,  and  in  cases  where  is  is  impracticable  to  have  the 
necessary  printing  done  by  contract  the  same  may  be  done,  with  the  approval 
of  the  Secretary  of  War,  by  the  purchase  of  material  and  hire  of  the  neces- 
sary labor  for  the  purpose. — Annual  appropriation  act. 

1003.  Annual  reports;  printing  of  restricted. — Appropriations   herein   and 
hereafter  made  for  printing  and  binding  shall  not  be  used  for   any   annual 
report  or  the  accompanying  documents  unless  the  copy  therefor  is  furnished 
to  the  Public  Printer  in  the  following  manner:  Copies  of  the  documents  ac- 
companying such  annual  reports  on  or  before  the  fifteenth  day  of  October  of 
each  year;   copies  of  the  annual   reports  on  or  before   the  fifteenth   d;iy   of 


PUBLIC   LANDS.  181 

November  of  each  year ;  complete  revised  proofs  of  the  accompanying  docu- 
ments and  the  annual  reports  on  the  tenth  and  twentieth  days  of  November 
of  each  year,  respectively ;  and  all  of  said  annual  reports  and  accompanying 
documents  shall  be  printed,  made  public,  and  available  for  distribution  not 
later  than  within  the  first  five  days  after  the  assembling  of  each  regular 
session  of  Congress. — Sec.  3,  act  of  July  1,  1916  (39  Stat.,  336). 

PUBLIC  LANDS. 

ACQUISITION  OF. 

1004.  Purchases  to  be  authorized  by  law. — No  land  shall  be  purchased  on  ac- 
count of  the  United  States,  except  under  a  la\v  authorizing  such  purchase. — 
Sec.  3736,  R.  8. 

1005.  Assent  of  States  to  purchases. — The  President  of  the  United  States  is 
authorized  to  procure  the  assent  of  the  legislature  of  any  State  within  which 
any  purchase  of  land  has  been  made  for  the  erection  of  forts,  magazines,  dock- 
yards, arsenals,  and  other  needful  buildings  without  such  consent  having* been 
obtained. — Sec.  1838,  R.  8. 

1006.  Acquisition  by  condemnation. — In  every  case  in  which  the  Secretary 
of  the  Treasury  or  any  other  officer  of  the  Government  has  been,  or  hereafter 
shall  be,  authorized  to  procure  real  estate  for  the  erection  of  a  public  building 
or  for  other  public  uses  he  shall  be,  and  hereby  is,  authorized  to  acquire  the 
same  for  the  United  States  by  condemnation,  under  judicial  process,  whenever 
in  his  opinion  it  is  necessary  or  advantageous  to  the  Government  to  do  so,  and 
the  United  States  circuit  or  district  courts  of  the  district  wherein  such  real 
estate  is  located  shall  have  jurisdiction  of  proceedings  for  such  condemnation, 
and  it  shall  be  the  duty  of  the  Attorney  General  of  the  United  States,  upon 
every  application  of  the  Secretary  of  the  Treasury,  under  this  act,  or  such 
other  officer,  to  cause  proceedings  to  be  commenced  for  condemnation  within 
thirty  days  from  the  receipt  of  the  application  at  the  Department  of  Justice. — 
Sec.  1,  act  of  Aug.  1  1888  (25  Stat.,  357). 

1007.  Same;  Procedure. — The  practice,  pleadings,  forms,  and  modes  of  pro- 
ceeding in  causes  arising  under  the  provisions  of  this  act  shall  conform,  as 
near  as  may  be,  to  the  practice,  pleadings,  forms,  and  proceedings  existing 
at  the  time  in  like  causes  in  the  courts  of  record  of  the  State  within  which 
such  circuit  or  district  courts  are  held,  any  rula  of  the  court  to  the  contrary 
notwithstanding. — Sec.  2,  ibid. 

1008.  Same;  immediate  purchase  at  reasonable  price;  acceptance  of  dona- 
tions; limitation  of  expenditures. — Hereafter  the  Secretary  of  War  may  cause 
proceedings  to  be  instituted,  in  the  name  of  the  United  States,  in  any  court 
having   jurisdiction   of   such   proceedings,   for    the   acquirement,   by   condem- 
nation, of  any  land,  or  right  pertaining  thereto,  needed  for  the  site,  location, 
construction,  or  prosecution  of  works  for  fortifications  and  coast  defenses,  such 
proceedings  to  be  prosecuted  in  accordance  with  the  laws  relating  to  suits  for 
the  condemnation  of  property  of  the  States  wherein  the  proceedings  may  be 
instituted :  Provided,  That  when  the  owner  of  such  land,  or  rights  pertaining 
thereto,  shall  fix  a  price  for  the  same,  which,  Jn  the  opinion  of  the  Secretary  of 
War,  shall  be  reasonable,  he  may  purchase  the  same  at  such  price  without  fur- 
ther delay :  Provided  further,  That  the  Secretary  of  War  is  hereby  authorized 


182  PUBLIC   LANDS. 

to  accept  on  behalf  of  the  United  States  donations  of  lands,  or  rights  pertaining 
thereto,  required  for  the  above-mentioned  purposes:  And  provided  further, 
That  nothing  herein  contained  shall  be  construed  to  authorize  an  expenditure, 
or  to  involve  the  Government  in  any  contract  or  contracts  for  the  future  pay- 
ment of  money,  in  excess  of  the  sums  appropriated  therefor. — Sec.  1,  act  of 
Aug.  JS,  1890  (26  Stat.,  816). 

1009.  Jurisdiction  over  purchased   land. — The  Congress   shall  have  power 
*     *     *     to  exercise  exclusive  legislation  in  all  cases  whatsoever,     *     *     * 
over  ell  places  purchased  by  the  consent  of  the  legislature  of  the  State  in 
which  the  same  shall  be,  for  the  erection  of  f -»rts,  magazines,  arsenals,  dock- 
yards, and  other  needful  buildings. — Art.  I,  sec.  8,  Constitution  of  the  United 
States. 

1010.  Release  of  interest. — Whenever  any  lands  have  been  or  shall  be  con- 
veyed to  individuals  or  officers,  for  the  use  or  benefit  of  the  United  States, 
the  President  is  authorized  to  obtain  from  such  person  a  release  of  his  interest 
to  the  United  States.— Sec.  3752,  R.  S. 

• 

1011.  Title. — No  public  money  shall  be  expended  upon  any  site  or  land  pur- 
chased by  the  United  States  for  the  purpose  of  erecting  thereon  any  armory, 
arsenal,  fort,  fortification,  navy  yard,  customhouse,  lighthouse,  or  other  public 
building,  of  any  kind  whatever,  until  the  written  opinion  of  the  Attorney  Gen- 
eral shall  be  had  in  favor  of  the  validity  of  the  title,  nor  until  the  consent  of  the 
legislature  of  the  State  in  which  the  land  or  site  may  be,  to  such  purchase, 
has  been  given.     The  district  attorneys  of  the  United  States,  upon  the  applica- 
tion of  the  Attorney  General,  shall  furnish  any  assistance  or  information  in 
their  power  in  relation  to  the  titles  of  the  public  property  lying  within  their 
respective  districts.     And  the  Secretaries  of  the  depatr-ments,   upon  the  ap- 
plication of  the  Attorney  General,  shall  procure  any  additional  evidence  of 
title  which  he  may  deem  necessary,  and  which  may  not  be  in  the  possession  of 
the  officers  of  the  Government,  and  the  expense  of  procuring  it  shall  be  paid 
out   of  the  appropriations   made   for   the   contingencies   of   the   departments 
respectively. — Sec.  355,  R.  S. 

1012.  Leases;  lands  in  Hawaii. — The  Secretary  of  War  is  authorized  to 
acquire  leases  in  such  lands  in  Hawaii  as  have  been  set  aside  for  purposes  of 
a  military  post.— Act  of  June  28,  1902  (32  Stat.,  464). 

EASEMENTS. 

1013.  Extension  of  State,  county,  and  territorial  roads  across  military  reser- 
vations.— The  Secretary  of  War  shall  have  authority,  in  his  discretion,  to  per- 
mit the  extension  of  State,  county,  and  territorial  roads  across  military  reser- 
vations ;  to  permit  the  landing  of  ferries,  the  erection  of  bridges  thereon ;  and 
permit  cattle,  sheep,  or  other  stock  animals  to  be  driven  across  such  reserva- 
tion, whenever  in  his  judgment  the  same  can  be  done  without  injury  to  the 
reservation  or  inconvenience  to  the  military  forces  stationed  thereon.— Sec.  6, 
Act  of  July  5,  1884  (23  Stat.,  104). 

DISPOSITION— REVOCABLE    LEASES. 

1014.  Power  to  dispose  of  vested  in  Congress. — The  Congress  shall  have 
power  to  dispose  of  and  make  all  needful  rules  and  regulations  respecting  the 


PUBLIC   LANDS.  183 

territory  or  other  property  belonging  to  the  United  States. — Art.  IV,  sec.  3,  par. 
2,  Constitution  of  the  United  States. 

1015.  Disposition  of  useless  military  reservations. — Whenever,  in  the  opinion 
of  the  President  of  the  United  States,  the  lands  or  any  portion  of  them,  included 
within  the  limits  of  any  military  reservation  heretofore  or  hereafter  declared, 
have  become  or  shall  become  useless  for  military  purposes,  he  shall  cause  the 
same,  or  so  much  thereof  as  he  shall  designate,  to  be  placed  under  the  control 
of  the  Secretary  of  the  Interior  for  disposition  as  hereinafter  provided,  and 
shall  cause  to  be  filed  with  the  Secretary  of  the  Interior  a  notice  thereof. — Sec. 
1,  act  of  July  5, 1884  (23  Stat.,  103). 

1016.  Grants  to  municipal  corporations  of  abandoned  military  reservations. — 
The  President  is  hereby  authorized  by  proclamation  to  withhold  from  sale  and 
grant  for  public  use  to  the  municipal  corporation  in  which  the  same  is  situated 
all  or  any  portion  of  any  abandoned  military  reservation  not  exceeding  twenty 
acres  in  one  place.^Sec.  1,  act  of  Mar.  3,  1893  (27  Stat.,  593). 

1017.  Secretary  of  War  authorized  to  lease  certain  public  property;  mineral, 
etc.,  lands  except ed. — Authority  is  hereby  given  to  the  Secretary  of  War,  when 
in  his  discretion  it  will  be  for  the  public  good,  to  lease,  for  a  period  not  ex- 
ceeding five  years  and  revocable  at  any  time,  such  property  of  the  United  States 
under  his  control  as  may  not  for  the  time  be  required  for  public  use  and  for  the 
leasing  of  which  there  is  no  authority  under  existing  law,  and  such  leases  shall 
be  reported  annually  to  Congress :  Provided,  That  nothing  in  this  act  contained 
shall  be  held  to  apply  to  mineral  or  phosphate  lands. — Act  of  July  28,  1892  (27 
Stat.,  321). 

1018.  American  National  Red  Cross,  buildings  for  storage  purposes,  etc. — 
Authority  is  hereby  given  to  the  Secretary  of  War  to  grant  permission,  by 
revocable  license,  to  the  American  National  Red  Cross  to  erect  and  maintain 
on  any  military  reservations  within  the  jurisdiction  of  the  United  States  build- 
ings suitable  for  the  storage  of  supplies,  or  to  occupy  for  that  purpose  buildings 
erected  by  the  United  States,  under  such  regulations  as  the  Secretary  of  War 
may  prescribe,  such  supplies  to  be  available  for  the  aid  of  the  civilian  popula- 
tion in  case  of  serious  national  disaster. — Sec.  10,  act  of  June  3,  1916  (39  stat., 
173). 

MILITARY  RESERVATIONS,  PHILIPPINE  ISLANDS. 

1019.  Transfer  of  property,  etc.,  to  Philippine  Government. — All  the  property 
and  rights  which  may  have  been  acquired  in  the  Philippine  Islands  by  the 
United  States  under  the  treaty  of  peace  with  Spain,  signed  December  tenth, 
eighteen  hundred  and  ninety-eight,  except  such  land  or  other  property  as  has 
been  or  shall  be  designated  by  the  President  of  the  United  States  for  military 
and  other  reservations  of  the  Government  of  the  United  States,  and  all  lands 
which  may  have  been  subsequently  acquired  by  the  government  of  the  Philip- 
pine Islands  by  purchase  under  the  provisions  of  sections  sixty-three  and  sixty- 
four  of  the  act  of  Congress  approved  July  first,  nineteen  hundred  and  two, 
except  such  as  may  have  heretofore  been  sold  and  disposed  of  in  accordance 
with  the  provisions  of  said  act  of  Congress,  are  hereby  placed  under  the  control 
of  the  government  of  said  islands  to  be  administered  or  disposed  of  for  the 
benefit  of  the  inhabitants  thereof,  and  the  Philippine  Legislature  shall  have 
power  to  legislate  with  respect  to  all  such  matters  as  it  may  deem  advisable; 


184  PUBLIC   LANDS. 

but  acts  of  the  Philippine  Legislature  with  reference  to  land  of  the  public  do- 
main, timber,  and  mining,  hereafter  enacted,  shall  not  have  the  force  of  law 
until  approved  by  the  President  of  the  United  States  :  Provided,  That  upon  the 
approval  of  such  an  act  by  the  Governor  General,  it  shall  be  by  him  forthwith 
transmitted  to  the  President  of  the  United  States,  and  he  shall  approve  or  dis- 
approve the  same  within  six  months  from  and  after  its  enactment  and  submis- 
sion for  his  approval,  and  if  not  disapproved  within  such  time  it  shall  become 
a  law  the  same  as  if  it  had  been  specifically  approved  :  Provided  further,  That 
where  lands  in  the  Philippine  Islands  have  been  or  may  be  reserved  for  any 
public  purpose  of  the  United  States,  and,  being  no  longer  required  for  the 
purpose  for  which  reserved,  have  been  or  may  be,  by  order  of  the  President, 
placed  under  the  control  of  the  government  of  said  islands  to  be  administered 
for  the  benefit  of  the  inhabitants  thereof,  the  order  of  the  President  shall  be 
regarded  as  effectual  to  give  the  government  of  said  islands  full  control  and 
power  to  administer  and  dispose  of  such  lands  for  the  benefit  of  the  inhabitants 
of  said  islands.—  Sec.  9,  act  of  Aug.  29,  1916  (89  Stat., 


1020.  Government  authorized  to  grant  franchises,  privileges,  etc.  —  The  gov- 
ernment of  the  Philippine  Islands  may  grant  franchises  and  rights,  including 
the  authority  to  exercise  the  right  of  eminent  domain,  for  the  construction  and 
operation  of  works  of  public  utility  and  service,  and  may  authorize  said  works 
to  be  constructed  and  maintained  over  and  across  the  public  property  of  the 
United  States,  including  streets,  highways,  squares,  and  reservations,  and  over 
similar  property  of  the  government  of  said  islands,  and  may  adopt  rules  and 
regulations  under  which  the  provincial  and  municipal  governments  of  the 
islands  may  grant  the  right  to  use  and  occupy  such  public  property  belonging 
to  said  Provinces  or  municipalities:  Provided,  That  no  private  property  shall 
be  damaged  or  taken  for  any  purpose  under  this  section  without  just  compensa- 
tion, and  that  such  authority  to  take  and  occupy  land  shall  not  authorize  the 
taking,  use,  or  occupation  of  any  land  except  such  as  is  required  for  the  actual 
necessary  purposes  for  which  the  franchise  is  granted,  and  that  no  franchise 
or  right  shall  be  granted  to  any  individual,  firm,  or  corporation  except  under 
the  conditions  that  it  shall  be  subject  to  amendment,  alteration,  or  repeal  by 
the  Congress  of  the  United  States,  and  that  lands  or  right  of  use  and  occupa- 
tion of  lands  thus  granted  shall  revert  to  the  governments  by  which  they  were 
respectively  granted  upon  the  termination  of  the  franchises  and  rights  under 
which  they  were  granted  or  upon  their  revocation  or  repeal.  That  all  franchises 
of  rights  granted  under  this  act  shall  forbid  the  issue  of  stock  or  bonds  except 
in  exchange  for  actual  cash  or  for  property  at  a  fair  valuation  equal  to  the 
par  value  of  the  stock  or  bonds  so  issued;  shall  forbid  the  declaring  of  stock 
or  bond  dividends,  and,  in  the  case  of  public-service  corporations,  shall  provide 
for  the  effective  regulation  of  the  charges  thereof,  for  the  official  inspection 
and  regulation  of  the  books  and  accounts  of  such  corporations,  and  for  the  pay- 
ment of  a  reasonable  percentage  of  gross  earnings  into  the  treasury  of  the  Philip- 
pine Islands  or  of  the  Province  or  municipality  within  which  such  franchises 
are  granted  and  exercised:  Provided  further,  That  it  shall  be  unlawful  for 
any  corporation  organized  under  this  act,  or  for  any  person,  company,  or  cor- 
poration receiving  any  grant,  franchise,  or  concession  from  the  government  of 
said  islands,  to  use,  employ,  or  contract  for  the  labor  of  persons  held  in  in- 
voluntary servitude;  and  any  person,  company,  or  corporation  so  violating  the 
provisions  of  this  act  shall  forfeit  all  charters,  grants,  or  franchises  for  doing 
business  in  said  islands,  in  an  action  or  proceeding  brought  for  that  purpose 
in  any  court  of  competent  jurisdiction  by  any  officer  of  the  Philippine  govern- 
ment, or  on  the  complant  of  any  citizen  of  the  Philippines,  under  such  regula- 


PUBLIC   LANDS.  185 

tions  and  rules  as  the  Philippine  Legislature  shall  prescribe,  and  in  addition 
shall  be  deemed  guilty  of  an  offense,  and  shall  be  punished  by  a  fine  of  not 
more  than  $10,000.— Sec.  28,  ibid,  p.  555. 

PRESERVATION   OF  AMERICAN  ANTIQUITIES. 

1021.  Penalty  for  unauthorized  excavations,  etc. — Any  person  who  shall  ap- 
propriate, excavate,  injure,  or  destroy  any  historic  or  prehistoric  ruin  or  monu- 
ment, or  any  object  of  antiquity,  situated  on  lands  owned  or  controlled  by  the 
Government  of  the  United  States,  without  the  permission  of  the  Secretary  of 
the  department   of   the   Government   having   jurisdiction   over   the   lands   on 
which  said  antiquities  are  situated,  shall,  upon  conviction,  be  fined  in  a  sum 
of  not  more  than  five  hundred  dollars  or  be  imprisoned  for  a  period  of  not 
more  than  ninety  days,  or  shall  suffer  both  fine  and  imprisonment,  in  the  dis- 
cretion of  the  court. — Act  of  June  8,  1906  (34  Stat.,  225). 

1022.  Setting  apart  of  historic,  etc.,  public  lands. — The  President  of  the 
United   States  is  hereby   authorized,   in  his  discretion,   to   declare  by   public 
proclamation  historic  landmarks,  historic  and  prehistoric  structures,  and  other 
objects  of  historic  or  scientific  interest  that  are  situated  upon  the  lands  owned 
or  controlled  by  the  Government  of  the  United  States  to  be  national  monu- 
ments, and  may  reserve  as  a  park  thereon  parcels  of  land,  the  limits  of  which 
in  all  cases  shall  be  confined  to  the  smallest  area  compatible  with  the  proper 
care  and  management  of  the  objects  to  be  protected :  Provided,  That  when 
such  objects  are  situated  upon  a  tract  covered  by  a  bona  fide  unperfected  claim, 
or  held  in  private  ownership,  the  tract,  or  so  much  thereof  as  may  be  neces- 
sary for  the  proper  care  and  management  of  the  object,  may  be  relinquished 
to  the  Government,  and  the  Secretary  of  the  Interior  is  hereby  authorized  to 
accept  the  relinquishment  of  such  tracts  in  behalf  of  the  Government  of  the 
United  States. — Sec.  2,  ibid. 

1028.  Permits  for  excavations,  etc. — Permits  for  the  examination  of  ruins,, 
the  excavation  of  archaeological  sites,  and  the  gathering  of  objects  of  antiquity 
upon  the  lands  under  their  respective  jurisdiction  may  be  granted  by  the  Sec- 
retary of  the  Interior,  Agriculture,  and  War  to  institutions  which  they  may 
deem  properly  qualified  to  conduct  such  examination,  excavation,  or  gathering, 
subject  to  such  rules  and  regulations  as  they  may  prescribe:  Provided,  That 
the  examinations,  excavations,  and  gatherings  are  undertaken  for  the  benefit 
of  reputable  museums,  universities,  colleges,  or  other  recognized  scientific  or 
educational  institutions,  \vith  a  view  to  increasing  the  knowledge  of  such  ob- 
jects, and  that  the  gatherings  shall  be  made  for  permanent  preservation  in 
public  museums. — Sec.  3,  ibid. 

1024.  Regulations,  etc. — The  Secretaries  of  the  departments  aforesaid  shall 
make  and  publish  from  time  to  time  uniform  rules  and  regulations  for  the 
purpose  of  carrying  out  the  provisions  of  this  act. — Sec.  4,  ibid. 

RIGHTS  OP  WAY. 

1025.  To  canal  or  ditch  companies. — The  right  of  way  through  the  public 
lands  and  reservations  of  the  United  States  is  hereby  granted  to  any  canal  or 
ditch  company  or  drainage  district  formed  for  the  purpose  of  irrigation  or 
drainage  and  duly  organized  under  the  laws  of  any  State  or  Territory,  and 
which  shall  have  filed  or  may  hereafter  file  wTith  the  Secretary  of  the  Interior 
a  copy  of  its  articles  of  incorporation  and  due  proofs  of  its  organization  under 


186  PUBLIC   LANDS. 

the  same,  to  the  extent  of  the  ground  occupied  by  the  water  of  the  reservoir 
and  of  the  canal  and  its  laterals,  and  fifty  feet  on  each  side  of  the  marginal 
limits  thereof ;  also  the  right  to  take  from  the  public  lands  adjacent  to  the  line 
of  the  canal  or  ditch,  material,  earth,  and  stone  necessary  for  the  construction 
of  such  canal  or  ditch :  Provided,  That  no  such  right  of  way  shall  be  so  located 
as  to  interfere  with  the  proper  occupation  by  the  Government  of  any  such 
reservation,  and  all  maps  of  location  shall  be  subject  to  the  approval  of  the 
department  of  the  Government  having  jurisdiction  of  such  reservation;  and 
the  privilege  herein  granted  shall  not  be  construed  to  interfere  with  the  control 
of  water  for  irrigation  and  other  purposes  under  authority  of  the  respective 
States  or  Territories. — Sec.  J8,  act  of  Mar.  13,  1891  (26  Stat.,  1101),  as  amended 
by  act  of  Alar.  4,  1917  (39  Stat.,  1197). 

1026.  Same. — That  rights  of  way  for  ditches,  canals,  or  reservoirs  heretofore 
or  hereafter  approved  under  the  provisions  of  sections  eighteen,  nineteen,  twenty, 
and  twenty-one  of  the  act  entitled  "  An  act  to  repeal  timber-culture  laws,  and  for 
other  purposes,"  approved  March  third,  eighteen  hundred  and  ninety-one,  may 
be  used  for  purposes  of  a  public  nature;  and  said  rights  of  way  may  be  used 
for  purposes  of  water  transportation,  for  domestic  purposes,  or  for  the  develop- 
ment of  power,  as  subsidiary  to  the  main  purpose  of  irrigation  or  drainage. — 
Sec.  2,  act  of  May  11,  1898  (30  Stat.,  J,04),  as  amended  by  act  of  Mar.  4,  1917 
(39  Stat.,  1197). 

1027.  Through  reservations,   etc. — The   Secretary  of  the   Interior  be,   and 
hereby  is,  authorized  and  empowered,  under  general  regulations  to  be  fixed  by 
him,  to  permit  the  use  of  rights  of  way  through  the  public  lands,  forest  and 
other  reservations  of  the  United  States,  and  the  Yosemite,  Sequoia,  and  General 
Grant  National  Parks,  California,  for  electrical  plants,  poles,  and  lines  for  the 
generation  and  distribution  of  electrical  power,  and  for  telephone  and  telegraph 
purposes,  and  for  canals,  ditches,  pipes  and  pipe  lines,  flumes,  tunnels,  or  other 
water  conduits,  and  for  water  plants,  dams,  and  reservoirs  used  to  promote 
irrigation  or  mining  or  quarrying,  or  the  manufacturing  or  cutting  of  timber  or 
lumber,  or  the  supplying  of  water  for  domestic,  public,  or  any  other  beneficial 
uses  to  the  extent  of  the  ground  occupied  by  such  canals,  ditches,  flumes,  tun- 
nels, reservoirs,  or  other  water  conduits  or  water  plants,  or  electrical  or  other 
works  permitted  hereunder,  and  not  to  exceed  fifty  feet  on  each  side  of  the  mar- 
ginal limits  thereof,  or  not  to  exceed  fifty  feet  on  each  side  of  the  center  line  of 
such  pipes  and  pipe  lines,  electrical,  telegraph,  and  telephone  lines  and  poles,  by 
any  citizen,  association,  or  corporation  of  the  United  States  where  it  is  intended 
by  such  to  exercise  the  use  permitted  hereunder  or  any  one  or  more  of  the  pur- 
poses herein  named:  Provided,  That  such  permits  shall  be  allowed  within  or 
through  any  of  said  parks  or  any  forest,  military,  Indian,  or  other  reservation 
only  upon  the  approval  of  the  chief  officer  of  the  department  under  Whose  super- 
vision such  park  or  reservation  falls  and  upon  a  finding  by  him  that  the  same  is 
not  incompatible  with  the  public  interest:  Provided  further,  That  all  permits 
given  hereunder  for  telegraph  and  telephone  purposes  shall  be  subject  to  the 
provision  of  Title  LXV  of  the  Revised  Statutes  of  the  United  States  and  amend- 
ments thereto  regulating  rights  of  way  for  telegraph  companies  over  public 
domain :  And  provided  further,  That  any  permission  given  by  the  Secretary  of 
the  Interior  under  the  provisions  of  this  act  may  be  revoked  by  him  or  his  suc- 
cessor in  his  discretion,  and  shall  not  be  held  to  confer  any  right  or  easement  or 
interest  in,  to,  or  over  any  public  land,  reservation,  or  park. — Act  of  Feb.  15, 
1901    (31    Stat.,   790). 


PUBLIC   MONEYS.  187 

1028.  For  electric  lines. — The  head  of  the  department  having  jurisdiction 
over  the  lands  be,  and  he  hereby  is,  authorized  and  empowered,  under  general 
regulations  to  be  fixed  by  him,  to  grant  an  easement  for  rights  of  way,  for  a 
period  not  exceeding  fifty  years  from  the  date  of  the  issuance  of  such  grant, 
over,  across,  and  upon  the  public  lands,  national  forests,  and  reservations  of  the 
United  States  for  electrical  poles  and  lines  for  the  transmission  and  distribution 
of  electrical  power,  and  for  poles  and  lines  for  telephone  and  telegraph  pur- 
poses, to  the  extent  of  twenty  feet  on  each  side  of  the  center  line  of  such  elec- 
trical, telephone  and  telegraph  lines  and  poles,  to  any  citizen,  association,  or  cor- 
poration of  the  United  States,  where  it  is  intended  by  such  to  exercise  the  right 
of  way  herein  granted  for  any  one  or  more  of  the  purposes  herein  named :  Pro- 
vided, That  such  right  of  \vay  shall  be  allowed  within  or  through  any  national 
park,  national  forest,  military,  Indian,  or  any  other  reservation  only  upon  the 
approval  of  the  chief  officer  of  the  department  under  whose  supervision  or  con- 
trol such  reservation  falls,  upon  a  finding  by  him  that  the  same  is  not  incom- 
patible with  the  public  interest :  Provided,  That  all  or  any  part  of  such  right  of 
way  may  be  forfeited  and  annulled  by  declaration  of  the  head  of  the  department 
having  jurisdiction  over  the  lands  for  nonuse  for  a  period  of  two  years  or  for 
abandonment.    That  any  citizen,  association,  or  corporation  of  the  United  States 
to  whom  there  has  heretofore  been  issued  a  permit  for  any  of  the  purposes 
specified  herein  under  any  existing  law,  may  obtain  the  benefit  of  this  act  upon 
the  same  terms  and  conditions  as  shall  be  required  of  citizens,  associations,  or 
corporations  hereafter  making  application  under  the  provisions  of  this  statute. — 
Act  of  Mar.  4,  1911   (36  Stat.,  1253). 

1029.  Forfeiture  of  certain  railroad  rights  of  way. — Each  and  every  grant  of 
right  of  way  and  station  grounds  heretofore  made  to  any  railroad  corporation 
under  the  act  of  Congress  approved  March  third,  eighteen  hundred  and  seventy- 
five,  entitled  "  An  act  granting  to  railroads  the  right  of  way  through  the  public 
lands  of  the  United  States,"  where  such  railroad  has  not  been  constructed  and 
the  period  of  five  years  next  following  the  location  of  said  road,  or  any  section 
thereof,  has  now  expired,  shall  be,  and  hereby  is,  declared  forfeited  to  the 
United  States  to  the  extent  of  any  portion  of  such  located  line  now  remaining 
unconstructed,  and  the  United  States  hereby  resumes  the  'full  title  to  the  lands 
covered  thereby  free  and  discharged  from  any  easement,  and  the  forfeiture 
hereby  declared  shall,  without  need  of  further  assurance  or  conveyance,  inure 
to  the  benefit  of  any  owner  or  owners  of  land  heretofore  conveyed  by  the  United 
States  subject  to  any  such  grant  of  right  of  way  or  station  grounds :  Provided, 
That  no  right  of  way  on  which  construction  is  progressing  In  good  faith  at  the 
time  of  the  passage  of  this  act  shall  be  in  anywise  affected,  validated,  or  invali- 
dated by  the  provisions  of  this  act. — Act  of  Feb.  25,  1909  (35  Stat.,  647). 

PUBLIC  MONEYS. 

ACCOUNTS  OF  LINE  OFFICERS,  ETC. 

1030.  Of  individual  quartermasters,  to  be  analyzed  and  recorded  in  detail. — 
Hereafter  all  the  accounts  of  individual  paymasters  shall  be  analyzed  under 
the  several  heads  of  the  appropriation  and  recorded  in  detail  by  the  Paymaster 
General  of  the  Army  before  said  accounts  are  forwarded  to  the  Treasury  De- 
partment for  final  audit. — Act  of  Mar.  2,  1905  (38  Stat.,  832). 

1031.  Of  line  officers,  for  pay  due. — The  Auditor  for  the  War  Department 
shall  audit  and  settle  the  accounts  of  line  officers  of  the  Army,  to  the  extent  of 
the  pay  due  them  for  their  services  as  such,  nothwithstanding  the  inability  of 


188  PUBLIC   MONEYS. 

any  such  line  officer  to  account  for  the  property  intrusted  to  his  possession,  or  to- 
make  his  monthly  reports  or  returns,  if  such  auditor  shall  be  satisfied  by  the 
affidavit  of  the  officer  or  otherwise  that  the  inability  was  caused  by  the  of- 
ficer having  been  a  prisoner  in  the  hands  of  the  enemy,  or  by  any  accident  or 
casualty  of  war. — Sec.  278,  R.  S. 

1032.  Of  enlisted  men,  where  it  is  necessary  to  file  evidence  of  honorable 
discharge. — In  all  cases  where  it  has  become  necessary  for  any  officer  or  enlisted 
man  of  the  Army  to  file  his  evidence  of  honorable  discharge  from  the  military 
service  of  the  United  States,  to  secure  the  settlement  of  his  accounts,  the  ac- 
counting officer  with  whom  it  has  been  filed  shall,  upon  application  by  said  of- 
ficer or  enlisted  man,  deliver  to  him  such  evidence  of  honorable  discharge ;  but 
his  accounts  shall  first  be  duly  settled,  and  the  fact,  date,  and  amount  of  such 
settlement  shall  be  clearly  written  across  the  face  of  such  evidence  of  honorable 
discharge  and  attested  by  the  signature  of  the  accounting  officer  before  it  is  de- 
livered.— Sec.  282,  R.  S. 

1033.  Decision  of  comptroller  in  advance  of  payment. — Disbursing  officers,  or 
the  head  of  any  executive  department,  or  other  establishment  not  under  any  of 
the  executive  departments,  may  apply  for  and  the  Comptroller  of  the  Treasury 
shall  render  his  decision  upon  any  question  involving  a  payment  to  be  made  by 
them  or  under  them,  which  decision,  when  rendered,  shall  govern  the  Auditor 
and  the  Comptroller  of  the  Treasury  in  passing  upon  the  account  containing 
said  disbursement. — Sec.  8,  Act  of  July  31,  1894  (28  Stat.,  207). 

ACCOUNTS   OF   LINE   OFFICERS,    ETC. 

1034.  Accounts    of    disbursing    officers    unchanged    for    three    years. — The 
amounts,  except  such  as  are  provided  for  in  section  three  hundred  and  six, 
of  the  accounts  of  every  kind  of  disbursing  officer,  which  shall  have  remained 
unchanged,  or  which  shall  not  have  been  increased  by  any  new  deposit  thereto, 
nor  decreased  by  drafts  drawn  thereon,  for  the  space  of  three  years,  shall  in 
like  manner  be  covered  into  the  Treasury,  to  the  proper  appropriation  to  which 
they  belong;  and  the  amounts  thereof  shall,  on  the  certificate  of  the  Treasurer 
that  such  amount  has  been  deposited  in  the  Treasury,  be  credited  by  the  proper 
accounting  officer  of  the  Department  of  the  Treasury  on  the  books  of  the 
department,  to  the  officer  in  whose  name  it  had  stood  on  the  books  of  any 
agency  of  the  Treasury,  if  it  appears  that  he  is  entitled  to  such  credit. — Sec. 
309,  R.  S. 

1035.  Premiums  on  sales  to  be  accounted  for. — No  officer  of  the  United  States 
shall,  either  directly  or  indirectly,  sell  or  dispose  of  to  any  person,   for  a 
premium,  any  Treasury  note,  draft,  warrant,  or  other  public  security,  not  his 
private  property,  or  sell  or  dispose  of  the  avails  or  proceeds  of  such  note,  draft, 
warrant,  or  security,  in  his  hands  for  disbursement,  without  making  return  of 
such  premium,  and  accounting  therefor  by  charging  the  same  in  his  accounts 
to  the  credit  of  the  United  States;  and  any  officer  violating  this  section  shall 
be  forthwith  dismissed  from  office. — Sec.  3652,  R.  S. 

1036.  Failure  of  disbursing  officers  to  render  accounts;  penalty— -Whenever 
any  officer  employed  in  the  civil,  military,  or  naval  service  of  the  Government, 
to  disburse  the  public  money  appropriated  for  those  branches  of  the  public 
service,  respectively,  fails  to  render  his  accounts,  or  to  pay  over,  in  the  man- 
ner and  in  the  times  required  by  law,  or  by  the  regulations  of  the  department 


PUBLIC   MONEYS.  189 

to  which  he  is  accountable,  any  sum  of  money  remaining  in  his  hands,  it  shall 
'be  the  duty  of  the  proper  auditor,  as  the  case  may  be,  who  shall  be  charged 
with  the  revision  of  the  accounts  of  such  officer,  to  cause  to  be  stated  and 
-certified  the  account  of  such  delinquent  officer  to  the  Solicitor  of  the  Treasury, 
who  is  hereby  authorized  and  required  immediately  to  proceed  against  such 
'delinquent  officer,  in  the  manner  directed  in  the  six  preceding  sections. — Sec. 
-3638,  R.  S.,  as  amended  by  sec.  4,  act  of  July  31,  1894  (28  Stat.,  206). 

ACCOUNTS — EXAMINATION   AND   INSPECTION    OF. 

1037.  Inspection  of  disbursements  made  by  officers  of  the  Army.-^lt  shall  be 
the  duty  of  the  Secretary  of  War  to  cause  frequent  inquiries  to  be  made  as  to 
the  necessity,  economy,  and  propriety  of  all  disbursements  made  by  disbursing 
officers  of  the  Army,  and  as  to  their  strict  conformity  to  the  law  appropriating 
the  money ;  also  to  ascertain  whether  the  disbursing  officers  of  the  Army  comply 
with  the  law  in  keeping  their  accounts  and  making  their  deposits;  such  inquiries 
to  be  made  by  officers  of  the  inspection  department  of  the  Army,  or  others  de- 
tailed for  that  purpose:  Provided,  That  no  officer  so  detailed  shall  be  in  any 
way  connected  with  the  department  or  corps  making  the  disbursement. — Act  of 
Apr.  20,  1874  (18  Stat.,  33). 

1038.  Accounts  of  officers  in  the  District  of  Columbia  to  be  subject  to  inspec- 
tion (md  examination. — All  books,  papers,  and  other  matters  relating  to  the 
•accounts  of  officers  of  the  Government  in  the  District  of  Columbia  shall  at  all 
times  be   subject   to   inspection   and  examination   of  the   Comptroller  of  the 
Treasury  and  the  Auditor  of  the  Treasury  authorized  to  settle  such  accounts, 
<>r  by  the  duly  authorized  agents  of  either  of  said  officials. — Sec.  5,  act  of  Mar. 
15,  1898  (30  Stat.,  816). 

1039.  Rules  and  regulations  for  proper  administrative  examination,  etc. — 
It  shall  also  be  the  duty  of  the  heads  of  the  several  executive  departments,  and 
•of  the  proper  officers  of  other  Government  establishments  not  within  the  juris- 
•diction  of  any  executive  department  to  make  appropriate  rules  and  regulations 
to  secure  a  proper  administrative  examination  of  all  accounts  sent  to  them,  as 
required  by  section  twelve  of  this  act,  before  the  transmission  to  the  auditors, 
and  for  the  execution  of  other  requirements  of  this  act  in  so  far  as  the  same 
relate  to  the  several  departments  or  establishments. — Sec.  22,  act  of  July  31, 
J894  (28  Stat.,  211). 

1040.  Examination,  etc.,  of  by  Auditor  for  the  War  Department. — The  Audi- 
tor for  the  War  Department  shall  receive  and  examine  all  accounts  of  salaries 
and  incidental  expenses  of  the  office  of  the  Secretary  of  War  and  all  bureaus 
and  offices  under  his  direction,  all  accounts  relating  to  the  military  establish.- 
ment.  armories,  and  arsenals,  national  cemeteries,  fortifications,  public  build- 
ings and  grounds  under  the  Chief  of  Engineers,  rivers  and  harbors,  the  Military 
Academy,  and  to  all  other  business  within  the  jurisdiction  of  the  Department  of 
War,  and  certify  the  balances  arising  thereon  to  the  Division  of  Bookkeeping 
and  Warrants,  and  send  forthwith  a  copy  of  each  certificate  to  the  Secretary  of 
War.— Sec.  7,  act  of  July  31,  1894  (28  Stat.,  206). 

1041.  Administrative  examination  of  accounts  by  heads  of  bureaus. — Here- 
after the  administrative  examination  of  all  public  accounts,   preliminary   to 
their  audit  by  the  accounting  officers  of  the  Treasury,  shall  be  made  as  con- 
templated by  the  so-called  Dockery  Act,  approved  July  thirty-first,  eighteen 


190  PUBLIC    MONEYS. 

hundred  and  ninety-four,  und  all  vouchers  and  pay  rolls  shall  be  prepared  and 
examined  by  and  through  the  administrative  heads  of  divisions  and  bureaus  in 
the  executive  departments  and  not  by  the  disbursing  clerks  of  said  departments, 
except  those  vouchers  heretofore  prepared  outside  of  Washington  may  con- 
tinue to  be  so  prepared  and  the  disbursing  officers  shall  make  only  such  ex- 
amination of  vouchers  as  may  be  necessary  to  ascertain  whether  they  represent 
legal  claims  against  the  United  States. — Act  of  Aug.  23,  1912  (37  Stat.,  375). 

1042.  Where  administrative  examination  has  not  been  had. — In  the  case  of 
claims  presented  to  an  auditor  which  have  not  had  an  administrative  examina- 
tion, the  auditor  shall  cause  them  to  be  examined  by  two  of  his  subordinates 
independently  of  each  other. — Sec.  14,  act  of  July  31,  1894  (28  Stat.,  210). 

ACCOUNTS— KEEPING    AND   RENDITION    OF. 

1043.  Forms  for  to  be  prescribed  by  Comptroller  of  Treasury. — The  Comp- 
troller of  the  Treasury  shall,  under  the  direction  cf  the  Secretary  of  the  Treas- 
ury, prescribe  the  forms  of  keeping  and  rendering  all  public  accounts,  except 
those  relating  to  the  postal  revenues  and  expenditures  therefrom. — Sec.  5,  act 
of  July  31,  1894  (28  Stat.,  206). 

1044.  Transmission  of  monthly,  etc.,  accounts;  auditor  may  disapprove  re- 
quisitions for  advances  on  delinquency. — All  monthly  accounts  shall  be  mailed 
or  otherwise  sent  to  the  proper  officer  at  Washington  within  ten  days  after  the 
end  of  the  month  to  which  they  relate,  and  quarrerly  and  other  accounts  within 
twenty  days  after  the  period  to  which  they  relate,  and  shall  be  transmitted  to 
and  received  by  the  auditors  within  twenty  days  of  their  actual  receipt  at  the 
proper  office  in  Washington  in  the  case  of  monthly  and  sixty  days  in  the  case 
of  quarterly  and  other  accounts.     Should  there,  be  any  delinquency  in  this 
regard  at  the  time  of  the  receipt  by  the  auditor  of  a  requisition  for  an  advance 
of  money,  he  shall  disapprove  the  requisition,  which  he  may  also  do  for  other 
reasons  arising  out  of  the  condition  of  the  officer's  accounts  for  whom  the 
advance  is  requested;  but  the  Secretary  of  the  Treasury  may  overrule  the 
auditor's  decision  as  to  the  sufficiency  of  these  letter  reasons. — Sec.  12,  ibid., 
p.  209. 

1046.  Time  for  examination  of  monthly,  extended  from  twenty  to  sixty 
days. — The  time  for  examination  of  monthly  accounts,  covering  expenditures 
from  appropriations  for  the  Army,  by  the  bureaus  and  offices  of  the  War  De- 
partment, after  the  date  of  actual  receipt  and  before  transmitting  the  same 
to  the  Auditor  for  the  War  Department,  as  limited  by  section  twelve,  act 
approved  July  thirty-first,  eighteen  hundred  and  ninety-four,  is  hereby  extended 
from  twenty  to  sixty  days. — Act  of  Mar.  2,  1901  (31  Stat.,  910). 

104:6.  Rules,  etc.,  for  mailing,  to  be  prescribed  by  Secretary  of  Treasury.— 
The  Secretary  of  the  Treasury  shall  prescribe  suitable  rules  and  regulations, 
and  nake  orders  in  particular  cases,  relaxing  the  requirement  of  mailing  or 
otherwise  sending  accounts,  as  aforesaid,  within  ten  or  twenty  days,  or  waiving 
delinquency,  in  such  cases  only  in  which  there  is.  or  is  likely  to  be,  a  manifest 
physical  difficulty  in  complying  with  the  same,  11  being  the  purpose  of  this 
provision  to  require  the  prompt  rendition  of  accounts  without  regard  to  the 
mere  convenience  of  the  officers,  and  to  forbid  tiio  advance  of  money  to  those 
delinquent  in  rendering  them.— Sec.  12,  act  of  July  31,  1894  (28  Stat.,  209). 


PUBLIC   MONEYS.  191 

1047.  Rendition  of  accounts  of  disbursing  officers;  hoiv  often. — Every  officer 
or  agent  of  the  United   States  who  receives  public  money  which  he  is  not 
authorized  to  retain  as  salary,  pay,  or  emolument,  shall  render  his  accounts 
monthly.    Such  accounts,  with  the  vouchers  necessary  to  the  correct  and  prompt 
settlement  thereof,  shall  be  sent  by  mail,  or  otherwise,  to  the  bureau  to  which 
they  pertain,  within  ten  days  after  the  expiration  of  each  successive  month, 
and,  after  examination  there,  shall  be  passed  to  the  proper  accounting  officer 
of  the  Treasury.     In  case  of  the  nonreceipt  at  the  Treasury,  or  proper  Bureau, 
of  any  accounts  within  a  reasonable  and  proper  time  thereafter,  the  officer 
whose  accounts  are  in  default  shall  be  required  to  furnish  satisfactory  evidence 
of  having  complied  with  the  provisions  of  this  section.     Nothing  herein  con- 
tained shall,  however,  be  construed  to  restrain  the  heads  of  any  of  the  Depart- 
ments from  requiring  such  other  returns  or  ivports  from  the  officer  or  agent, 
subject  to  the  control  of  such  heads  of  Departments,  as  the  public  interests  may 
require. — Sec.  3622,  R.  S.,  as  amended  by  act  of  Feb.  27,  1877  (19  Stat.,  249). 
and  act  of  July  81,  1894  (28  Stat.,  209). 

NOTE. — Time  for  rendition  of  monthly  accounts  modified  by  following  paragraph. 

1048.  Rendition  of  accounts  of  disbursing  officers;  how  often. — Hereafter  all 
disbursing  officers  of  the  United  States  shall  render  their  accounts  quarterly ; 
and  the  Secretary  of  the  Senate  shall  render  bis  accounts  as  heretofore;  but 
the  Secretary  of  the  Treasury  may  direct  any  or  all  such  accounts  to  be  ren- 
dered more  frequently  when  in  his  judgment  the  public  interests  may  require.— 
Sec.  4,  act  of  Aug.  30  1890  (26  Stat.,  413). 

NOTE. — Upon  the  recommendation  of  the  Secretary  of  War,  the  Secretary  of  the  Treas- 
ury directed  that  disbursing  officers  of  the  Quartermaster,  Subsistence,  and  Pay  Depart- 
ments render  their  accounts  monthly.  (G.  O.  114,  A.  G.  O.,  Oct.  4,  1890.) 

On  May  11,  1892,  the  above  action  of  the  Secretary  of  the  Treasury  was  modified  so 
as  to  permit  officers  of  the  Army  attached  to  United  States  legations  to  render  their 
accounts  quarterly  instead  of  monthly.  (Q.  M.  G.  O.  Card  No.  32000,  May  12,  1892. 
2  Dig.,  2,  Comp.,  sec.  586.) 

The  Secretary  of  the  Treasury,  by  Treasury  Circular  No.  79,  dated  May  25,  1892. 
has  directed  in  effect  that  from  and  after  July  1,  1892,  the  disbursing  officers  of  the 
Government  shall,  unless  otherwise  directed,  render  their  accounts  monthly  instead  of 
quarterly.  (4  Dig.,  2  Comp.,  sec.  12.) 

1049.  Receiving  officers  to  render  distinct  accounts  of  application  of. — All 
officers,  agents,  or  other  persons  receiving  public  moneys  shall  render  distinct 
accounts  of  the  application  thereof,  according  to  the  appropriation  under  which 
the  same  may  have  been  advanced  to  them. — Sec.  3623,  R.  S. 

1050.  Entry  of  each  sum  received,  etc.,  to  be  kept.^All  persons  charged  by 
law  with  the  safekeeping,  transfer,  and  disbursement  of  the  public  moneys, 
other  than  those  connected  with  the  Post  Office  Department,  are  required  to 
keep  an  accurate  entry  of  each  sum  received  and  of  each  payment  or  transfer. — 
Sec.  3643,  R.  S. 

1051.  Account  of.  disbursements  to  be  made  by  distinct  items. — Hereafter  all 
officers,  agents,  or  other  persons  receiving  public  moneys  appropriated  by  this 
or  any  subsequent  Army  appropriation  act  shall  account  for  the  disbursement 
thereof  according  to  the  several  and  distinct  items  of  appropriation  expressed 
in  such  act.— Act  of  July  5,  1884  (23  Stat.,  113). 


192  PUBLIC    MONEYS. 

ACCOUNTS  CONTRACTED  ABROAD. 

1052.  To  be  audited  abroad;  authority  conferred  on  Secretary  of  Treasury. — 
That  the  Secretary  of  the  Treasury  is  authorized  during  the  war,  whenever  it 
shall  appear  that  the  public  interests  require  that  any  of  the  accounts  of  the 
Military  Establishment  be  audited  at  any  place  other  than  the  seat  of  Gov- 
ernment, to  direct  the  Comptroller  of  the  Treasury  and  the  Auditor  for  the  War 
Department  to  exercise,  either  in  person  or  through  assistants,  the  powers  and 
perform  the  duties  of  their  offices  at  any  place  or  places  away  from  the  seat 
of  Government  in  the  manner  that  is  or  may  be  required  by  law  at  the  seat  of 
Government  and  in  accordance  with  Ihe  provisions  of  this  section.-  -Nrr.  12,  Act 
of  Sept.  24,  1917  (40  Stat.,  2»3\. 

1053.  Powers  conferred  on  the  comptroller,  auditor,  and  their  assistants. — 
That  when  the  Secretary  of  the  Treasury  shall  exercise  the  authority  herein 
referred  to,  the  powers  and  duties  of  the  said  comptroller  and  auditor,  under 
and  pursuant  to  the  provisions  of  the  act  of  July  thirty-first,  eighteen  hundred 
and  ninety-four,  and  all  other  laws  conferring  jurisdiction  upon  those  officers, 
shall  be  exercised  and  performed  in  the  same  manner  as  nearly  as  practicable 
and  with  the  same  effect  away  from  the  seat  of  Government  as  they  are  now 
exercised  and  performed  and  have  effect  at  the  seat  of  Government,  and  deci- 
sions authorized  by  law  to  be  rendered  by  the  comptroller  at  the  request  of  dis- 
bursing officers  may  be  rendered  with  the  same  effect  by  such  assistants  as  may 
be  authorized  by  him  to  perform  that  duty. — Ibid. 

1054.  Balances  to  be  certified  by  auditor,  to  be  final  and  conclusive;  excep- 
tion.— That  when  pursuant  to  this  section  the  said  comptroller  and  auditor  shall 
perform  their  duties  at  a  place  in  a  foreign  country,  the  balances  arising  upon 
the  settlement  of  accounts  and  claims  of  the  Military  Establishment  shall  be 
certified  by  the  auditor  to  the  Division  of  Bookkeeping  and  Warrants  of  the 
Treasury  Department  as  now  provided  for  the  certification  of  balances  by  said 
auditor  in  Washington,  and  the  balances  so  found  due  shall  be  final  and  con- 
clusive upon  all  branches  of  the  Government,  except  that  any  person  whose 
account  has  been  settled  or  the  commanding  officer  of  the  Army  abroad,  or  the 
comptroller  may  obtain  a  revision  of  such  settlement  by  the  comptroller  upon 
application  therefor  within  three  months,  the  decision  to  be  likewise  final  and 
conclusive  and  the  differences  arising  upon  such  revision  to  be  certified  to  and 
stated  by  the  auditor  as  now  provided  by  law. — Ibid. 

1055.  Certificates  of  balances  in  lieu  of  warrants  permissible. — Certificates 
of  balances  may  be  transmitted  to  and  paid  by  the  proper  disbursing  officer 
abroad  instead  of  by  warrant. — Ibid. 

1056.  Revision  of  settlements  at  close  of  war. — That  any  person  whose  ac- 
count has  been  settled,  or  the  Secretary  of  War,  may  obtain  a  reopening  and 
review  of  any  settlement  made  pursuant  to  this  section  upon  application  to  the 
Comptroller  of  the  Treasury  In  Washington  within  one  year  after  the  close 
of  the  war,  and  the  action  of  the  comptroller  thereon  shall  be  final  and  con- 
clusive in  the  same  manner  as  herein  provided  In  the  case  of  a  balance  found 
due  by  the  auditor. — Ibid. 

1057.  All  papers  and  vouchers  to  be  preserved;  time  for  transmission  of. — 
That  the  comptroller  and  auditor  shall  preserve  the  accounts  and  the  vouchers 
and  papers  connected  therewith,  and  the  files  of  their  offices  In  the  foreign 
country  and  transmit  them  to  Washington  within  six  months  after  the  close 


PUBLIC   MONEYS.  193 

of  the  war  and  at  such  earlier  time  as  may  be  directed  by  the  Secretary  of  the 
Treasury  as  to  any  or  all  accounts-,  vouchers,  papers,  and  files. — Ibid. 

1058.  Assistant  auditor  and  comptroller  to  be  appointed. — That  the  Secre- 
tary of  the  Treasury  is  authorized   to  appoint  an  assistant  comptroller  and 
an  assistant  auditor  and  to  fix  their  compensation,   and   to  designate  from 
among  the  persons  to  be  employed  hereunder  one  or  more  to  act  in  the  absence 
or  disability  of  such  assistant  comptroller  and   assistant  auditor.     He  shall 
also  prescribe  the  number  and  maximum  compensation  to  be  paid  to  agents, 
accountants,  clerks,  translators,  interpreters,  and  other  persons  who  may  be 
employed  in  the  work  under  this  section  by  the  comptroller  and  auditor.    The 
assistant  comptroller  and  assistant  auditor  shall  have  full  power  to  perform 
in  a  foreign  country  all  the  duties  with  reference  to  the  settlement  there  of 
the  accounts  of  the  Military  Establishment  that  'the  comptroller  and  auditor 
now  have  at  the  seat  of  Government  and  in  foreign  countries  under  the  pro- 
visions of  this  section,  and  shall  perform  such  duties  in  accordance  with  the 
instructions  received  from  and  rules  and  regulations  made  by  the  comptroller 
and  auditor.     Such  persons  as  are  residing  in  a  foreign  country  when  first 
employed  hereunder  shall  not  be  required  to  take  an  oath  of  office  or  be  re- 
quired to  be  employed  pursuant  to  the  laws,  rules,  and  regulations  relating 
to  the  classified  civil  service,  nor  shall  they  be  reimbursed  for  subsistence 
expenses  at  their  post  of  duty  or  for  expenses  in  traveling  to  or  from  the 
United  States. — Jbid.,  p.  294. 

1059.  Examination  and  rendition  of  accounts;  administrative  examination 
by  War  Department  waived. — That  it  shall  be  the  duty  of  all  contracting, 
purchasing,  and  disbursing  officers  to  allow  any  representative  of  the  comp- 
troller or  auditor  to  examine  all  books,  records,  and  papers  in  any  way  con- 
nected with  the  receipt,  disbursement,  or  disposal  of  public  money,  and  to 
render  such  accounts  and  at  such  times  as  may  be  required  by  the  comp- 
troller.    No   administrative   examination   by   the   War   Department   shall    be 
required  of  accounts  rendered  and  settled  abroad,  and  the  time  within  which 
these  accounts  shall  be  rendered  by  disbursing  officers   shall   be  prescribed 
by  the  comptroller,  who  shall  have  power  to  waive  any  delinquency  as   to 
time  or  form  in  the  rendition  of  these  accounts.    All  contracts  connected  with 
accounts  to  be  settled  by  the  auditor  abroad  shall  be  filed  in  his  office  there. — 
Ibid. 

10GO.  Oaths  pertaining  to  accounts;  by  whom  administered. — That  the  comp- 
troller and  the  auditor,  and  such  persons  as  may  be  authorized  in  writing 
by  either  of  them,  may  administer  oaths  to  American  citizens  in  respect  to 
any  matter  within  the  jurisdiction  of  either  of  said  officers  and  certify  the 
official  character,  when  known,  of  any  foreign  officer  whose  jurat  or  certifi- 
cate may  be  necessary  on  any  paper  to  be  filed  with  them. — Ibid.,  295. 

1061.  Authority  for  employees  to  purchase  Army  stores  for  cash. — That  per- 
sons engaged  in  work  abroad  under  the  provisions  of  this  section  may  purchase 
from  Army  stores  for  cash  and  at  cost  price  for  their  own  use  such  articles 
or  stores  as  may  be  sold  to  officers  and  enlisted  men— Ibid. 

1062.  Authority  contained  in  foregoing  to  terminate  at  close  of  war. — That 
the  authority  granted  under  this  section  shall  terminate  six  months  after  the 
close  of  the  war  or  at  such  earlier  date  as  the  Secretary  of  the  Treasury  may 
direct,  and  it  shall  be  the  duty  of  the  comptroller  and  auditor  to  make  such 
reports  as  the  Secretary  of  the  Treasury  may  require  of  the  expenditures 

49392—18 13* 


194  PUBLIC   MONEYS. 

made  and  work  done  pursuant  to  this  section,  and  such  reports  shall  be  trans- 
mitted to  the  Congress  at  such  time  as  he  may  decide  to  be  compatible  with 
the  public  interest. — Ibid. 

ACCOUNTS— REVISION   OF. 

1003.  Certified  balances  conclusive  on  executive  departments,  etc. — The 
balances  which  may  from  time  to  time  be  certified  by  the  auditors  to  the 
division  of  bookkeeping  and  warrants,  or  to  the  Postmaster  General,  upon 
the  settlements  of  public  accounts,  shall  be  final  and  conclusive  upon  the 
executive  branch  of  the  Government,  except  that  any  person  whose  accounts 
have  been  settled,  the  head  of  the  executive  department  or  of  the  board,  com- 
mission, or  establishment  not  under  the  jurisdiction  of  an  executive  depart- 
ment to  which  the  account  pertains,  or  the  Comptroller  of  the  Treasury  may, 
within  a  year,  obtain  a  revision  of  the  said  account  by  the  Comptroller  of 
the  Treasury,  whose  decision  upon  such  revision  shall  be  final  and  conclusive 
upon  the  executive  branch  of  the  Government:  Provided,  That  the  Secretary 
of  the  Treasury  may,  when  in  his  judgement  the  interests  of  the  Government 
require  it,  suspend  payment  and  direct  the  reexamination  of  any  account. — 
Sec.  8,  act  of  July  31,  1894  (28  Stat.,  207). 

ACCOUNTS— SETTLEMENT  OF. 

1064.  Of  particular  accounts. — The  Comptroller  of  the  Treasury,  in  any  case 
where,  in  his  opinion,  the  interests  Of  the  Government  require  it.  shall  direct 
any  of  the  aud'tors  forthwith  to  audit  and  settle  any  particular  account  which 
such  auditor  is  authorized  to  audit  and  settle. — Sec.  271,  R.  S.,  as  amended  by 
Sec.  6,  act  of  July  81,  1894  (28  Stat.,  206). 

1065.  Certificate  of  differences  on  revision. — Upon  a  certificate  by  the  Comp- 
troller of  the  Treasury  of  any  differences  ascertained  by  him  upon  revision,  the 
puditor  who  shall  have  audited  the  account  shall  state  an  account  of  such 
differences  and  certify  it  to  the  division  of  bookkeeping  and  warrants,  except 
that  balances  found  and  accounts  stated  as  aforesaid  by  the  Auditor  for  the 
Post  Office  Department  for  postal  revenues  and  expenditures  therefrom  shall 
be  certified  to  the  Postmaster  General. — Sec  8,  act  of  July  81,  1894  (28  Stat.t 
208). 

1066.  Between  the  Signal  Corps  and  other  bureau  s.^-Hereafter  in  the  settle- 
ment of  transactions  between  appropriations  under  the  Signal  Corps,  or  be- 
tween the  Signal  Corps  and  another  office  or  bureau  of  the  War  Department, 
or  of  any  other  executive  department  of  the  Government,  payment  therefor 
shall  be  made  by  the  proper  disbursing  officer  of  the  Signal  Corps,  or  of  the  office, 
bureau,  or  department  concerned. — Act  of  Aug.  29,  1916  (S9  Stat., 


1067.  Between  Engineer  Department  and  another  office  or  bureau  of  the 
War  Department. — Hereafter  in  the  settlement  of  transactions  between  appro- 
priations under  the  Engineer  Department,  or  between  the  Engineer  Department 
and  another  office  or  bureau  of  the  War  Department,  or  of  any  other  executive 
department  of  the  Government,  payment  therefor  shall  be  made  by  the  proper 
disbursing  officer  of  the  Corps  of  Engineers  or  of  the  office,  bureau,  or  depart- 
ment concerned.— Act  of  Apr.  27,  1914  (88  Stat.,  869). 

1068.  Between  Medical  Department  and  any  other  bureau  or  office  of  the 
War  Department,  etc. — Hereafter  in  the  settlement  of  accounts  between  the 


PUBLIC    MONEYS.  195 

appropriations  of  the  Medical  Department  and  tbose  of  any  other  branch  of 
the  Army  service,  or  any  bureau  or  office  of  the  War  Department,  or  any  other 
executive  department  or  establishment  of  the  Government,  payment  thereof 
may  be  made  by  the  proper  disbursing  officer  of  the  Medical  Department  or 
of  the  branch  of  the  Army  service,  office,  bureau,  department,  or  establishment 
concerned. — Act  of  Afar.  4,  1915  (39  Stat.,  1080). 

1069.  Suits  for  recovery  of  balances  due  the  United  States. — Whenever  any 
person  accountable  for  public  money  neglects  or  refuses  to  pay  into  the  Treasury 
the  sum  or  balance  reported  to  be  due  to  the  United  States  upon  the  adjustment 
of  his  account  the  Comptroller  of  the  Treasury  shall  institute  suit  for  the  recovery 
of  the  same,  adding  to  the  sum  stated  to  be  due  on  such  account  the  commis- 
sions of  the  delinquent,  which  shall  be  forfeited  in  every  instance  where  suit 
is  commenced  and  judgment  obtained  thereon,  and  an  interest  of  six  per  centum 
per  annum  from  the  time  of  receiving  the  money  until  it  shall  be  repaid  into 
the  Treasury.— Sec.  3624,  R>  8. 

ADVANCES  OF— FUNDS. 

1070.  Restriction  governing. — No  advance  of  public  money  shall  be  made  in 
any  case  whatever.    And  in  all  cases  of  contracts  for  the  performance  of  any 
service,  or  the  delivery  of  articles  of  any  description,  for  the  use  of  the  United 
States,   payment  shall   not   exceed   the  value  of  the  service  rendered,   or   of 
the  articles  delivered  previously  to  such  payment.     It  shall,  however,  be  law- 
ful, under  the  special  direction  of  the  President,  to  make  such  advances  to 
the  disbursing  officers  of  the  Government  as  may  be  necessary  to  the  faithful 
and  prompt  discharge  of  their  respective  duties,  and  to  the  fulfillment  of  the 
public  engagements.    The  President  may  also  direct  such  advances  as  he  may 
deem  necessary  and  proper,  to  persons  in  the  military  and  naval  service  em- 
ployed on  distant  stations,  where  the  discharge  of  the  pay  and  emoluments  to 
which  they  may  be  entitled  can  not  be  regularly  effected. — Sec.  3648,  R.  S. 

1071.  Authorized  for  subscriptions  to  newspapers,  magazines,  etc. — Hereafter 
subscriptions  to  periodicals,  which  have  been  certified  in  writing  by  the  re- 
spective heads  of  the  executive  departments  or  other  Government  establish- 
ment to  be  required  for  official  use,  may  be  paid  in  advance  from  appropria- 
tions available  therefore. — Sec.  5,  act  of  Mar.  4,  1915.     (38  Stat.,  1049). 

1072.  Same. — Hereafter  subscriptions  to  newspapers,  magazines,  periodicals, 
and  other  publications,  purchased  from  funds  of  the  Quartermaster  Corps,  may 
be  paid  for  in  advance. — Act  of  Apr.  27,  1914  (38  Stat.,  862). 

1073.  Advances  in  case  of  delay  in  transmitting  accounts. — Should  there  be 
a  delay  by  the  administrative  departments  beyond  the  aforesaid  twenty  or 
sixty  days   in  transmitting  accounts,   an  order  of  the  President    (or,   in  the 
event  of  the  absence  from  the  seat  of  Government  or  sickness  of  the  Presi- 
dent, an  order  of  the  Secretary  of  the  Treasury)  in  the  particular  case  shall 
be  necessary  to  authorize  the  advance  of  money  requested. — Sec.  12,  Act  of 
July  31,  1894,  as  amended  by  act  of  Mar.  2,  1895  (28  Stat.,  807). 

1074.  Requisitions  for,  to  be  sent  to  auditor  for  action. — Every  requisition 
for   an   advance   of  money,   before  being   acted   on  by   the   Secretary   of  the 
Treasury,  shall  be  sent  to  the  proper  auditor  for  action  thereon  as  required 
by  section  twelve  of  this  act. — Sec.  11,  act  of  July  31,  1894  (28  Stat.,  209). 

49392* 


196  PUBLIC    MONEYS. 

1075.  To  contractors,  during  present  emergency  (War  of  1917). — The  Secre- 
tary of  War  and  the  Secretary  of  the  Navy  are  authorized,  during  the  period 
of  the  existing  emergency,  from  appropriations  available  therefor  to  advance 
payments  to  contractors  for  supplies  for  their  respective  departments  in  amounts 
not  exceeding  thirty  per  centum  of  the  contract  price  of  such  supplies:  Pro- 
vided, That  such  advances  shall  be  made  upon  such  terms  as  the  Secretary  of 
War  and  the  Secretary  of  the  Navy,  respectively,  shall  prescribe  and  they  shall 
require    adequate    security    for    the    protection    of    the    Government    for    the 
payments  so  made. — Sec.  5,  act  of  Oct.  6,  1917  (40  Stat.,  388). 

CHECKS — LOST,   ETC. 

1076.  Duplicates  of  lost,  etc.,  checks,  may  be  issued. — That  whenever  any 
original  check  is  lost,  stolen,  or  destroyed  disbursing  officers  and  agents  of  the 
United  States  are  authorized,  within  three  years  from  the  date  of  such  check, 
to  issue  a  duplicate  check,  under  such  regulations  in  regard  to  its  issue  and 
payment,  and  upon  the  execution  of  such  bond,  with  sureties,  to  indemnify 
the  United  States,  and  proof  of  loss  of  original  checks,  as  the  Secretary  of  the 
Treasury  shall   prescribe. — Sec.  8646,   R.  S.,   a-s  amended   by  act  of  Feb.  16, 
1885;  act  of  Mar.  23,  1906;  act  of  June  '19,  1906;  act  of  May  27,  1908;  act  of 
Feb.  23,  1909;  and  act  of  Mar.  21,  1916  (39  Stat.,  37). 

1077.  Lost,  etc.,  checks,  in  case  of  death  of  issuing  offlcer. — In  case  the  dis- 
bursing officer  or  agent  by  whom  such  lost,  destroyed,  or  stolen  original  check 
was  Issued  is  dead  or  no  longer  in  the  service  of  the  United  States,  it  shall  be 
the  duty  of  the  proper  accounting  officer,  under  such  regulations  as  the  Secretary 
of  the  Treasury  may  prescribe,  to  state  an  account  in  favor  of  the  owner  of 
such  original  check  for  the  amount  thereof  and  to  charge  such  amount  to  the 
account  of  such  officer  or  agent. — Sec.  3647,  R.  S.,  as  amended  by  act  of  May  27, 
1908  (35  Stat.,  415),  and  act  of  Feb.  23,  1909  (35  Stat.,  644). 

CHECKS— OUTSTANDING. 

1078.  Liabilities  outstanding  three  or  more  years. — At  the  termination  of 
each  fiscal  year  all  amounts  of  moneys  that  are  represented  by  certificates, 
drafts,  or  checks  issued  by  the  Treasurer,  or  by  any  disbursing  officer  of  any 
department  of  the  Government  upon  the  Treasurer  or  any  assistant  treasurer 
or  designated  depositary  of  the  United   States,   or  upon  any  national   bank 
designated  as  a  depositary  of  the  United  States,  and  which  shall  be  represented 
on  the  books  of  either  of  such  offices  as  standing  to  the  credit  of  any  disbursing 
officer,  and  which  were  issued  to  facilitate  the  payment  of  warrants,  or  for  any 
other  purpose  in  liquidation  of  a  debt  due  from  the  United  States,  and  which 
have  for  three  years  or  more  remained  outstanding,  unsatisfied,  and  unpaid, 
shall  be  deposited  by  the  Treasurer,  to  be  covered  into  the  Treasury  by  warrant, 
and  to  be  carried  to  the  credit  of  the  parties  in  whose  favor  such  certificates, 
drafts,  or  checks  were  respectively  issued,  or  to  the  persons  who  are  entitled 
to  receive  pay  therefor,  and  into  an  appropriation  account  to  be  denominated 
"  outstanding  liabilities."— Sec.  306,  R.  S. 

1079.  Vouchers  for  drafts  remaining  unpaid. — The  certificate  of  the  Secretary 
of  the  Treasury  stating  that  the  amount  of  any  draft  issued  by  the  Treasurer, 
to  facilitate  the  payment  of  a  warrant  directed  to  him  for  payment,  has  re- 
mained outstanding  and  unpaid  for  three  years  or  more,  and  has  been  deposited 
and  covered  into  the  Treasury   in  the  manner  prescribed  by   the  preceding 
section,  shall  be,  when  attached  to  any  such  warrant,  a  sufficient  voucher  in 


PUBLIC   MONEYS.  197 

satisfaction  of  any  such  warrant  or  part  of  any  warrant,  the  same  as  if  the 
drafts  correctly  indorsed  and  fully  satisfied  were  attached  to  such  warrant 
or  part  of  warrant.  And  all  such  moneys  mentioned  in  this  and  in  the  preceding 
section  shall  remain  as  a  permanent  appropriation  for  the  redemption  and 
payment  of  all  such  outstanding  and  unpaid  certificates,  drafts,  and  checks. — 
Sw.  307,  R.  S.,  as  amended  by  sec.  16,  act  of  July  31,  189Jt  (28  Stat.,  210). 

1080.  Payment  upon  presentation  of  outstanding  drafts. — The  payee  or  the 
bona  fide  holder  of  any  draft  or  check  the  amount  of  which  has  been  deposited 
and  covered  into  the  Treasury  pursuant  to  the  preceding  sections,  shall,  on  pre- 
senting the  same  to  the  proper  officer  of  the  Treasury,  be  entitled  to  have  it  paid 
by  the  settlement  of  an  account  and  the  issuing  of  a   warrant  in  his  favor, 
according  to  the  practice  in  other  cases  of  authorized  and  liquidated  claims 
against  the  United  States. — Sec.  308,  R.  S. 

1081.  Reports  of  outstanding  accounts  to  be  rendered. — The  Treasurer,  each 
assistant  treasurer,  and  each  designated  depositary  of  the  United  States,  and 
the  cashier  of  each  of  the  national  banks  designated  as  such  depositaries,  shall, 
at  the  close  of  business  on  every  thirtieth  day  of  June,  report  to  the  Secretary 
of  the  Treasury  the  condition  of  every  account  standing,  as  in  the  preceding 
section  specified,  on  the  books  of  their  respective  offices,  stating  the  name  of 
each  depositor,  with  his  official  designation,  the  total  amount  remaining  on  de- 
posit to  his  credit,  and  the  dates,  respectively,  of  the  last  credit  and  the  last 
debit  made  to  each  account. — Sec.  310,  R.  S.,  as  amended  by  act  of  July  1,  1916 
(39   Stat.,  336). 

1082.  Outstanding  and  unpaid  for  three  years  or  more;  report  to  be  made  by 
auditor,  and  accepted  in  lieu  of  returns  of  disbursing  officers. — Hereafter  at  the 
termination  of  each  fiscal  year  each  auditor  of  the  Treasury  shall  report  to  the 
Secretary  of  the  Treasury  all  checks  issued  by  any  disbursing  officer  of  the 
Government  as  shown  by  his  accounts  rendered  to  such  auditor,  which  shall 
then  have  been  outstanding  and  unpaid  for  three  years  or  more,  stating  fully 
In  such  report  the  name  of  the  payee,  for  what  purpose  each  check  was  given, 
the  officer  on  which  drawn,  the  number  of  the  voucher  received  therefor,  the 
date,  the  number,  and  the  amount  for  which  it  was  drawn,  and,  when  known, 
the  residence  of  the  payee.    And  such  reports  shall  be  in  lieu  of  the  returns 
required  of  disbursing  officers  by  section  three  hundred  and  ten  of  the  Revised 
Statutes.— Sec.  5,  act  of  July  1,  1916  (39  Stat.,  336). 

CONTINGENT  FUND. 

1083.  Apportionment  of  amount  to  be  expended  by  each  offlce  or  bureau. — 
All  appropriations  made  for  contingent  expenses  or  other  general  purposes,  ex- 
cept appropriations  made  in  fulfillment  of  contract  obligations  expressly  author- 
ized by  law,  or  for  objects  required  or  authorized  by  law  without  reference  to 
the  amounts  annually  appropriated  therefor,  shall,  on  or  before  the  beginning 
of  each  fiscal  year,  be  so  apportioned  by  monthly  or  other  allotments  as  to  pre- 
vent expenditures  in  one  portion  of  the  year  which  may  necessitate  deficiency 
or  additional  appropriations  to  complete  the  service  of  the  fiscal  year  for  which 
said  appropriations  are  made;  and  all  such  apportionments  shall  be  adhered 
to  and  shall  not  be  waived  or  modified  except  upon  the  happening  of  some  ex- 
traordinary emergency  or  unusual  circumstance  which  could  not  be  anticipated 
at  the  time  of  making  such  apportionment,     *     *     *     and  in  case  said  appor- 
tionments are  waived  or  modified  as  herein  provided,  the  executive  department 


198  PUBLIC    MONEYS. 

or  other  Government  establishment  having  control  of  the  expenditure,  and  the 
reasons  therefor  shall  be  fully  set  forth  in  each  particular  case  and  communi- 
cated to  Congress  in  connection  with  estimates  for  any  additional  appropria- 
tions required  on  account  thereof.  Any  person  violating  the  provisions  of  this 
section  shall  be  summarily  removed  from  office  and  may  also  be  punished  by  a 
flue  of  not  less  than  one  hundred  dollars  or  by  imprisonment  for  not  less  than 
one  month. — Scv.  3,  act  of  Feb.  121.  1!>06  (34  Stat.,  49). 

1084.  Same. — In  addition  to  the  apportionment  required  by  the  so-called  anti- 
deficiency  act,  approved  February  twenty-seventh,   nineteen  hundred  and  six 
(Statutes  at  Large,   volume  thirty-four,  page  forty-nine),   the  head  of  each 
executive  department  shall,  on  or  before  the  beginning  of  each  fiscal  year,  ap- 
portion to  each  office  or  bureau  of  his  department  the  maximum  amount  to  be 
expended  therefor  during  the  fiscal  year  out  of  the  contingent  fund  or  funds 
appropriated  for  the  entire  year  for  the  department,  and  the  amounts  so  ap- 
portioned shall  not  be  increased  or  diminished  during  the  year  for  which  made 
except  upon  the  written  direction  of  the  head  of  the  department,  in  which  there 
shall  be  fully  expressed  his  reasons  therefor;  and  hereafter  there  shall  not 
be  purchased  out  of  any  other  fund  any  article  for  use  in  any  office  or  bureau 
of  any  executive  department  in  Washington,  District  of  Columbia,  which  could 
be  purchased  out  of  the  appropriations  made  for  the  regular  contingent  funds 
of  such  department  or  of  its  offices  or  bureaus. — Sec.  6,  act  of  Aug.  23,  1912 
(37  Stat..  414). 

RESTRICTIONS. 

1085.  Application  of. — No  part  of  the  contingent  fund  appropriated  to  any 
department,  bureau,  or  office  shall  be  applied  to  the  purchase  of  any  article  ex- 
cept such  as  the  head  of  the  department  shall  deem  necessary  and  proper  to 
carry  on  the  business  of  the  department,  bureau,  or  office,  and  shall,  by  written 
order,  direct  to  be  procured. — Sec.  3683,  R.  S. 

DEPOSIT  AND  SAFE-KEEPING  OF. 

1086.  Duty  of  disbursing  officers. — It  shall  be  the  duty  of  every  disbursing 
officer  having  any  public  money  intrusted  to  him  for  disbursement  to  deposit 
the  same  with  the  Treasurer  or  some  one  of  the  assistant  treasurers  of  the 
United  States,  and  to  draw  for  the  same  only  as  it  may  be  required  for  pay- 
ments to  be  made  by  him  in  pursuance  of  law  and  draw  for  the  same  only  in 
favor  of  the  persons  to  whom  payment  is  made;  and  all  transfers  from  the 
Treasurer  of  the  United  States  to  a  disbursing  officer  shall  be  by  draft  or  war- 
rant on  the  Treasury  or  an  assistant  treasurer  of  the  United  States.     In  places, 
however,  where  there  is  no  treasurer  or  assistant  treasurer  the  Secretary  of  the 
Treasury  may,  when  he  deems  it  essential  to  the  public  interest,  specially  author- 
ize in  writing  the  deposit  of  such  public  money  in  any  other  public  depository, 
or,  in  writing,  authorize  the  same  to  be  kept  in  any  other  manner,  and  under 
such  rules  and  regulations  as  he  may  deem  most  safe  and  effectual  to  facilitate 
the  payments  to  public  creditors. — Sec.  3620,  R.  S.,  as  amended  by  act  of  Feb. 
27,  1877  (19  Sta.t.,  249). 

1087.  To  be  deposited  Ihirti/  da  tin  offer  n  rn>/ ;  duplicate  rccciptx  to  In:  is,sm</. 
etc. — Every  person  who  shall  have  moneys  of  the  United  States  in  his  hands  or 
possession  and  disbursing  officers  having  moneys  in  their  possession  not  required 
for  current  expenditure  shall   pay   the  same  to  the  Treasurer,   an  assistant 
treasurer,  or  some  public  depositary  of  the  United  States  without  delay,  and  in 
all  cases  within  thirty  days  of  their  receipt.     And  the  Treasurer,  the  assistant 


PUBLIC   MONEYS.  199 

treasurer,  or  the  public  depositary  shall  issue  duplicate  receipts  for  the  moneys 
so  paid,  transmitting  forthwith  the  original  to  the  Secretary  of  the  Treasury, 
and  delivering  the  duplicate  to  the  depositor:  Provided,  That  postal  revenues 
and  debts  due  to  the  Post  Office  Department  shall  be  paid  into  the  Treasury  in 
the  manner  now  required  by  law. — Fee.  3621,  R.  S.,  as  amended  by  sec.  5,  act 
of  May  28,  1896  (29  Slat.,  179). 

1088.  Ditties  of  officers  a#  custodians  of  public  moneys. — All  public  officers  of 
whatsoever   character   are   required    to    keep    safely,    without    loaning,    using, 
depositing  in  banks,  or  exchanging  for  other  funds  than  as  specially  allowed  by 
law,  all  the  public  money  collected  by  them,  or  otherwise  at  any  time  placed 
in  their  possession  and  custody,  till  the  same  is  ordered  by  the  proper  depart- 
ment or  officer  of  the  Government  to  be  transferred  or  paid  out;  and  when  such 
orders  for  transfer  or  payment  are  received,  faithfully  and  promptly  to  make  the 
same  as  directed,  and  to  do  and  perform  all  other  duties  as  fiscal  agents  of  the 
Government  which  may  be  imposed  by  any  law  or  by  any  regulation  of  the 
Treasury  Department  made  in  conformity  to  law.     *     *     *. — Sec.  3639,  R.  8. 

1089.  Deposit  of   without  deduction. — The  gross  amount  of  all   moneys  re- 
ceived from  whatever  source  for  the  use  of  the  United  States,  except  as  other- 
wise provided  in  the  next  section,  shall  be  paid  to  the  officer  or  agent  receiving 
the  same  into  the  Treasury,  at  as  early  a  date  as  practicable,  without  any 
abatement  or  deduction  on  account  of  salary,  fees,  costs,  charges,  expenses,  or 
claim  of  any  description  whatever. — Sec.  36-17,  R.  S. 

1090.  Penalty  for  noncompliancr   with  above  provisions. — Every  officer  or 
agent  who  neglects  or  refuses  to  comply  with  the  provisions  of  section  thirty-six 
hundred  and  seventeen  shall  be  subject  to  be  removed  from  office,  and  to  forfeit 
to  the  United  States  any  share  or  part  of  the  moneys  withheld,  to  which  he 
might  otherwise  be  entitled. — Sec.  3619,  R.  S. 

DEPOSITARIES. 

1091.  National    banks   designated   as;   duties,    liabilities,   etc. — All    national 
banking  associations,  designated  for  that  purpose  by  the  Secretary  of  the  Treas- 
ury, shall  be  depositaries  of  public  money,  under  such  regulations  as  may  be 
prescribed  by  the  Secretary/-;  and  they  may  also  be  employed  as  financial  agents 
of  the  Government ;  and  they  shall  perform  all  such  reasonable  duties,  as  deposi- 
taries of  public  money  and  financial  agents  of  the  Government,  as  may  be  re- 
quired of  them.     The  Secretary  of  the  Treasury  shall  require  the  associations 
thus  designated  to  give  satisfactory  security,  by  the  deposit  of  United  States 
bonds  and  otherwise,  for  the  safe-keeping  and  prompt  payment  of  the  public 
money  deposited  with  them,  and  for  the  faithful  performance  of  their  duties  as 
financial  agents  of  the  Government;  Provided,  That  the  Secretary  shall,  on  or 
before  the  first  of  January  of  each  year,  make  a  public  statement  of  the  securi- 
ties required  during  that  year  for  such  deposits.     And  every  association  so 
designated  as  receiver  or  depositary  of  the  public  money  shall  take  and  receive 
at  par  all  of  the  national  currency  bills,  by  whatever  association  issued,  which 
have  been  paid  into  the  Government  for  internal  revenue,  or  for  loans  or  stocks : 
Provided,  That  the  Secretary  of  the  Treasury  shall  distribute  the  deposits  herein 
provided  for,  as  far  as  practicable,  equitably  between  the  different  States  and 
sections. — Sec.  5153,  R.  S.,  as  amended  by  act  of  Mar.  S,  1901  (31  Stat.,  1448) ; 
act  of  Mar.  4,  1907  (34  Stat.,  1290);  act  of  Dec.  23,  1913  (38  Stat..  274);  and 
act  of  Aug.  4,  1914  (38  Stat.,  682). 


200  PUBLIC    MONEYS. 

1092.  Designation  of,  in  Cuba,  Porto  Rico,  and  Philippine  Islands;  security  to 
be  given,  etc. — The  Secretary  of  the  Treasury  is  hereby  authorized  to  designate 
one  or  more  banks  or  bankers  in  the  Philippine  Islands  and  in  the  islands  of 
Cuba  and  Porto  Rico  in  which  public  moneys  may  be  deposited :  Provided,  That 
the  banks  or  bankers  thus  designated  shall  give  satisfactory  security  for  the 
safe-keeping  and  prompt  payment  of  the  public  moneys  so  deposited  by  deposit- 
ing in  the  Treasury  United  States  bonds  to  an  amount  not  less  than  the  aggre- 
gate sum  at  any  time  on  deposit  with  such  bank  or  bankers:  And  provided  fur- 
ther, That  this  act  shall  apply  to  Cuba  only  while  occupied  by  the  United 
States. — Act  of  June  6,  1900  (31  Stat.,  658). 

1093.  In  the  Philippine  Islands,  requirement  of  security  icaivcd. — The  treas- 
ury of  the  Philippine  Islands  and  such  banking  associations  in  said  islands  with 
a  paid  up  capital  of  not  less  than  two  million  dollars  and  chartered  by  the 
United  States  or  any  State  thereof  as  may  be  designated  by  the  Secretary  of 
War  and  the  Secretary  of  the  Treasury  of  the  United  States  shall  be  depositories 
of  public  money  of  the  United  States,  subject  to  the  provisions  of  existing  law 
governing  such  depositories  in  the  United  States :  Provided,  That  the  treasury 
of  the  government  of  said  islands  shall  not  be  required  to  deposit  bonds  in  the 
Treasury  of  the  United  States,  or  to  give  other  specific  securities  for  the  safe- 
keeping of  public  money  except  as  prescribed,  in  his  discretion,  by  the  Secretary 
of  War.— Sec.  85,  act  of  July  1,  1902  (32  Stat.,  111). 

DISBURSEMENTS. 

1094.  Application  of  moneys  appropriated. — All  sums  appropriated  for  the 
various  branches  of  expenditure  in  the  public  service  shall  be  applied  solely 
to  the  objects  for  which  they  are  respectively  made  and  for  no  others. — Sec. 
3678,  R.  S. 

1095.  Expenses  of  commissions  or  inquiries,  payable  only  from  special  ap- 
propriations therefor. — No  accounting  or  disbursing  officer  of  the  Government 
shall  allow  or  pay  any  account  or  charge  whatever,  growing  out  of,  or  in  any 
way  connected  \vith,  any  commission  or  inquiry,  except  courts-martial  or  courts 
of  inquiry  in  the  military  or  naval  service  of  the  United  States,  until  special 
appropriations  shall  have  been  made  by  law  to  pay  such  accounts  and  charges. — 
Sec.  3681,  R.  8. 

1098.  Payment  of  expenses  or  compensation  of  any  commission,  council,  board, 
etc.,  unless  created  by  law,  forbidden. — Hereafter  no  part  of  the  public  moneys, 
or  of  any  appropriation  heretofore  or  hereafter  made  by  Congress,  shall  be 
used  for  the  payment  of  compensation  or  expenses  of  any  commission,  council, 
board,  or  other  similar  body,  or  any  members  thereof,  or  for  expenses  in  con- 
nection with  any  work  or  the  results  of  any  work  or  action  of  any  commission, 
council,  board,  or  other  similar  body,  unless  the  creation  of  the  same  shall  be 
or  shall  have  been  authorized  by  law.— Act  of  Mar.  23,  1910  (36  Stat.,  2~>~). 

1097.  In  case  of  insufficient  balances. — Hereafter  whenever  pressing  obliga- 
tions are  required  to  be  paid  by  a  disbursing  officer  of  the  Quarterm- 
Department  and  there  is  an  insufficient  balance  to  his  official  credit  under  the 
proper  appropriation  or  appropriations  for  the  purpose,  he  is  authorized  to 
make  payment  from  the  total  available  balance  to  his  official  credit,  provided 
sufficient  funds  under  the  proper  appropriation  or  ;'j>l>i%opriations  have  been 
apportioned  by  tbe  Quartermaster  General  for  the  expenditure.  When  such 


PUBLIC  MONEYS.  201 

disbursements  are  made  the  accounts  of  the  disbursing  oliicer  shall  show  the 
charging  of  the  proper  appropriations,  the  balances  under  which  will  be  ad- 
justed by  the  disbursing  officer  on  receipt  of  funds  or  by  the  accounting  ntlircrs 
of  the  Treasury.— Act  of  Mar.  3,  1909  (35  Stat.,  747). 

1098.  Pay  of  the  Army,  except  mileage,  to  be  disbursed  as  one  fund. — All  the 
money  hereinbefore  appropriated  for  pay  of  the  Army  and  miscellaneous,  ex- 
cept the  appropriation  for  mileage  to  commissioned  officers,  contract  surgeons, 
expert   accountant,   Inspector   General's   Department,    Army   field   clerks,   and 
field  clerks  of  the  Quartermu.sU>r  Corps,  when  authorized  by  law,  shall  be  dis- 
bursed and  accounted  for  by  officers  of  the  Quartermaster  Corps,  as  pay  of  the 
Army,  and  for  that  purpose  shall  constitute  one  fund. — Sec  annual  appropriation 
acts. 

1099.  For  purchase  of  subsistence  stores  for  sales  to  officers,  etc. — So  much 
of  the  appropriation  for  subsistence  of  the  Army  as  may  be  necessary  may  be 
applied  to  the  purchase  of  subsistence  stores  for  sale  to  officers  for  the  use  of 
themselves  and  their  families,  and  to  commanders  of  companies  or  other  or- 
ganizations for  the  use  of  the  enlisted  men  of  their  companies  or  organiza- 
tions.— Act  of  Mar.  3,  1875  (18  Stat.,  410). 

1100.  Funds  in  personal  possession,  for  payment  of  small  amounts. — Here- 
after  officers   intrusted   with   the  disbursement  of  funds   for   the  subsistence 
of  the  Army  are  hereby  authorized  to  keep,  at  their  own  risk,  in  their  personal 
possession  for  disbursement,  such  restricted  amounts  of  subsistence  funds  for 
facilitating  payments  of  small  amounts  to  public  creditors  as  shall  from  time 
to  time  be  author ixed  by  the  Secretary  of  War. — Act  of  Mar.  2,  1907  (34  Stat., 
1166). 

1101.  Authority  to  intrust  moneys  to  other  officers  making  disbursements. — 
Hereafter,  under  such  regulations  as  may  be  prescribed  by  the  Secretary  of 
War,  officers  of  the  Quartermaster  Corps  accountable  for  public  moneys  may 
intrust  such  moneys  to  other  officers  for  the  purpose  of  having  them  make 
disbursements  as  their  agents,  and  the  officers  "to  whom  the  moneys  are  in- 
trusted, as  well  as  the  officers  who  intrust  it  to  them,  shall  be  held  pecuniarily 
responsible  therefor  to  the  United  States.— Act  of  May  12,  1917  (40  Stat.,  50). 

1102.  Charge  against  fund  "  Pay  of  the  Army  "  of  detained  pay. — Hereafter 
sums  known  as  detained  pay,  which  have  already  been  or  may  hereafter  be 
withheld  from  the  monthly  pay  of  enlisted  men  of  the  Army  in  obedience  to 
court-martial  sentences,  shall,  when  repaid,  become  a  charge  against  the  fund 
"Pay  of  the  Army"  for  the  year  in  which  said  enlisted  men  have  been  or 
may  be  discharged. — Act  of  Aug.  6,  1894  (28  Stat.,  236). 

1103.  Premium   for  recruits  may   be  paid   to  third   and  fourth  class  post- 
masters.— The  President  is  authorized  in  his  discretion  to  utilize  the  services 
of  postmasters  of  the  second,  third,  and  fourth  classes  in  procuring  the  enlist- 
ments of  recruits  for  the  Army,  and  for  each  recruit  accepted  for  enlistment 
in  the  Army,  the  postmaster  procuring  his  enlistment  shall  receive  the  sum  of 
$5.— Sec.  27,  act  of  J*une  3.  1916  (39  Stat.,  186). 

EMBEZZLEMENT. 

1104.  Disbursing  officers  unlawfully  using,  etc. — Whoever,  being  a  disbursing 
officer  of  the  United  States,  or  a  person  acting  as  such,  shall  in  any  manner 
convert  to  his  own  use,  or  loan  with  or  without  interest,  or  deposit  in  any 


202  ITBLIC    MONEYS. 

place  or  in  any  manner,  except  as  authorized  by  law,  any  public  money  in- 
trusted to  him :  or  shall,  for  any  purpose  not  prescribed  by  law,  withdraw 
from  the  Treasurer  or  any  assistant  treasure,  or  any  authorized  depositary, 
or  transfer,  or  apply,  any  portion  of  the  public  money  intrusted  to  him,  shall  be 
deemed  guilty  of  an  embezzlement  of  the  money  so  converted,  loaned,  deposited, 
withdrawn,  transferred,  or  applied,  and  shall  be  fined  not  more  than  the 
amount  embezzled,  or  imprisoned  not  more  than  ten  years,  or  both.— Sec.  87, 
act  of  Mar.  .',,  1909  (35  Stat..  1105). 

1105.  Custodian  fail-inn  to  keep,  etc. — Every  officer  or  other  person  charged  by 
any  act  of  Congress  with  the  safekeeping  of  the  public  moneys,  who  shall  loan, 
use,  or  convert  to  his  own  use,  or  shall  deposit  in  any  bank  or  exchange  for 
other  funds,  except  as  specially  allowed  by  law,   any  portion  of  the  public 
moneys  intrusted  to  him  for  safekeeping,  shall  be  guilty  of  embezzlement  of  the 
money  so  loaned,  used,  converted,  deposited,  or  exchanged,  and  shall  be  fined 
in  a  sum  equal  to  the  amount  of  money  so  embezzled  and  imprisoned  not  more 
than  ten  years. — Sec.  89,  ibid. 

1106.  Failure  of  officers  to  render  accounts.— Every  officer  or  agent  of  the 
United  States  who,  having  received  public  money  which  he  is  not  authorized 
to  retain  as  salary,  pay,  or  emoluments,  fails  to  render  his  accounts  for  the 
same  as  provided  by  law,  shnll  be  deemed  guilty  of  embezzlement,  and  shall  be 
fined  in  a  sum  equal  to  the  amount  of  the  money  embezzled  and  imprisoned 
not  more  than  ten  years. — Sec.  90,  ibid. 

1107.  Failure  to  deposit  as  required. — Whoever,  having  money  of  the  United 
State's  in   his  possession  or  under  his  control,   shall  fail  to  deposit  it  with 
the  Treasurer,  or  some  assistant  treasurer,  or  some  public  depositary  of  the 
United  States,  when  required  so  to  do  by  the  Secretary  of  the  Treasury,  or  the 
head  of  any  other  proper  department,  or  by  the  accounting  officers  of  the 
Treasury,  shall  be  deemed  guilty  of  embezzlement  thereof  and  shall  be  fined 
in  a  sum  equal  to  the  amount  of  money  embezzled  and  imprisoned  not  more 
than  ten  years. — Sec.  91,  ibid. 

1108.  Persons  affected. — The  provisions  of  the  five  preceding  sections  shall  be 
construed  to  apply  to  all  persons  charged  with  the  safekeeping,  transfer,  or 
disbursement  of  the  public  money,  whether  such  persons  be  indicted  as  re- 
ceivers or  depositaries  of  the  same. — Sec.  92,  ibid. 

1109.  Record  evidence  of  embezzlement. — Upon  the  trial  of  any  indictment 
against  any  person  for  embezzling  public  money  under  any  provision  of  the 
six  preceding  sections,  it  shall  be  sufficient  evidence,  prima  facie,  for  the  pur- 
pose of  showing  a  balance  against  such  person,  to  produce  a  transcript  from 
the  books  and  procedings  of  the  Treasury,  as  required  in  civil  cases,  under 
the  provisions  for  the  settlement  of  accounts  between  the  United  States  and 
receivers  of  public  moneys. — Sec.  93,  ibid. 

1110.  Prima  facie  evidence. — The  refusal  of  any  person,  whether  in  or  out 
of  office,  charged  with  the  safekeeping,  transfer,  or  disbursement  of  the  public 
money  to  pay  any  draft,  order,  or  warrant,  drawn  upon  him  by  the  proper  ac- 
counting officer  of  the  Treasury,  for  any  public  money  in  his  hands  belonging  to 
the  United  States,  no  matter  in  what  capacity  the  same  may  have  been  received, 
or  may  be  held,  or  to  transfer  or  disburse  any  such  money,  promptly,  upon  the 
legal  requirement  of  any  authorized  officer,  shall  be  deemed,  upon  the  trial  of 


PUBLIC    MONEYS.  203 

any  indictment  against  such  person  for  embezzlement,  prima  facie  evidence  of 
such  embezzlement.—  Sec.  9.'f,  ibid,  p.  1106. 

1111.  Evidence  of  conversion.  —  If  any  officer  charged  with  the  disbursement 
of  the  public  moneys,  accepts,  receives,  or  transmits  to  the  Treasury  Depart- 
ment, to  be  allowed  in  his  favor,  any  receipt  or  voucher  from  a  creditor  of  the 
United  States,  without  having  paid  to  such  creditor  in  such  funds  as  the  officer 
received  for  disbursement,  or  in  such  funds  as  he  may  be  authorized  by  law  to 
take  in  exchange,  the  full  amount  specified  in  such  receipt  or  voucher,  every 
such  act  is  an  act  of  conversion,  by  such  officer,  to  his  own  use,  of  the  amount 
specified  in  such  receipt  or  voucher.  —  See.  95,  ibid. 

1112.  Officers  interested  in  claims  against  the  United  States.  —  Whoever,  be- 
ing an  officer  of  the  United  States,  or  a  person  holding  any  place  of  trust  or 
profit,  or  discharging  any  official  function  under,  or  in  connection  with,  any 
executive  department  of  the  Government  of  the  United  States,     *     *     *     shall 
act  as  an  agent  or  attorney  for  prosecuting  any  claim  against  the  United  States, 
or  in  any  manner,  or  by  any  means,  otherwise  than  in  discharge  of  his  proper 
official  duties,  shall  aid  or  assist  in  the  prosecution  or  support  of  any  such  claim 
or  receiving  any  gratuity,  or  any  share  of  or  interest  in  any  claim  from  any 
claimant  against  the  United  States,  with  intent  to  aid  or  assist,  or  in  considera- 
tion of  having  aided  or  assisted,  in  the  prosecution  of  such  claim,  shall  be  fined 
not  more  than  five  thousand  dollars,  or  imprisoned  not  more  than  one  year,  or 
both.  —  See.  109,  ibid.  p.  1107. 


Official  accepting  bribe.  —  Whoever,  being  an  officer  of  the  United  States, 
or  a  person  acting  for  or  on  behalf  of  the  United  States,  in  any  official 
capacity,  under  or  by  virture  of  the  authority  of  any  department  or  office  of 
the  Government  thereof,  or  whoever,  being  an  officer  or  person  acting  for 
or  on  behalf  of  either  House  of  Congress,  or  of  any  committee  of  either 
House,  or  of  both  Houses  thereof,  shall  ask,  accept,  or  receive  any  money,  or 
any  contract,  promise,  undertaking,  obligation,  gratuity,  or  security  for  the  pay- 
ment of  money,  or  for  the  delivery  or  conveyance  of  anything  of  value,  with  in- 
tent to  have  his  decision  or  action  on  any  question,  matter,  cause,  or  proceeding 
which  may  at  any  time  be  pending,  or  which  may  by  law  be  brought  before  him 
in  his  official  capacity,  or  in  his  place  of  trust  or  profit,  influenced  thereby,  shall 
be  fined  not  more  than  three  times  the  amount  of  money  or  value  of  the  thing 
so  asked,  accepted,  or  received,  and  imprisoned  not  more  than  three  years;  and 
shall,  moreover^  forfeit  his  office  or  place  and  thereafter  be  forever  disqualified 
from  holding  any  office  of  honor,  trust,  or  profit  under  the  Government  of  the 
United  States.  —  Sec.  117,  ibid,  p.  1109. 

1114.  Embezzlement.  —  Whoever  shall  embezzle,  steal,  or  purloin  any  money, 
property,  record,  voucher,  or  valuable  thing  whatever,  of  the  moneys,  goods, 
chattels,  records,  or  property  of  the  United  States,  shall  be  fined  not  more  than 
five  thousand  dollars  or  imprisoned  not  more  than  five  years,  or  both.  —  Sec.  47, 
ibid.  p.  1097. 

1115.  Embezzling,  stealing,  etc.,  from  United  States  deemed  felony;  penalty.  — 
Any  person  who  shall  embezzle,  steal,  or  purloin  any  money,  property,  record, 
voucher,  or  valuable  thing  whatever,  of  the  moneys,  goods,  chattels,  records,  or 
property  of  the  United  States,  shall  be  deemed  guilty  of  felony,  and  on  conviction 
thereof  before  the  district  or  circuit  court  of  the  United  States  in  the  district 
wherein  said  offense  may  have  been  committed,  or  into  which  he  shall  carry 


204  PUBLIC   MONEYS. 

or  have  in  possession  of  said  property  so  embezzled,  stolen,  or  purloined,  shall 
be  punished  therefor  by  imprisonment  at  hard  labor  in  the  penitentiary  not  ex- 
ceeding fiVe  years,  or  by  a  fine  not  exceeding  five  thousand  dollars,  or  both,  at 
the  discretion  of  the  court  before  which  he  shall  be  convicted. — Act  of  Mar.  3 
1875  (IS  Slat.,  479). 

1116.  Receiving,  etc.,  stolen  public  property. — Whoever  shall  receive,  conceal, 
or  aid  in  concealing,  or  shall  have  or  retain  in  his  possession  with  intent  to 
convert  to  his  own  use  or  gain,  any  money,  property,  record,  voucher,  or  val- 
uable thing  whatever,  of  the  moneys,  goods,  chattels,  records,  or  property  of 
the  United  States,  which  has  theretofore  been  embezzled,  stolen,  or  purloined 
by  any  other  person,  knowing  the  same  to  have  been  so  embezzled,  stolen,  or 
purloined,  shall  be  fined  not  more  than  five  thousand  dollars,  or  imprisoned  not 
more  than  five  years,  or  both ;  and  such  person  may  be  tried  either  before  or 
after  the  conviction  of  the  principal  offender. — See.  48,  act  of  Mar.  4.  1909  (35 
Stat.,  1098). 

ESTIMATES. 

1117.  Annual  estimates  to  be  submitted  to  Congress. — All  annual  estimates 
for  the  public  service  shall  be  submitted  to  Congress  through  the  Secretary  of 
the  Treasury,  and  shall  be  included  in  the  Book  of  Estimates  prepared  under 
his  direction.— Sec.  3669,  R.  S. 

1118.  Departmental  estimates  to  l)e  furnished  for  Book  of  Estimates  before 
October  15  annually,  etc. — Hereafter  it  shall  be  the  duty  of  the  heads  of  the 
several  executive  departments,  and  of  other  officers  authorized  or  required  to 
make  estimates,  to  furnish  to  the  Secretary  of  the  Treasury,  on  or  before  the 
fifteenth  day  of  October  of  each  year,  their  annual  estimates  for  the  public 
service,  to  be  included  in  the  Book  of  Estimates  prepared  by  law  under  his 
direction,  and  in  case  of  failure  to  furnish  estimates  as  herein  required  it  shall 
be  the  duty  of  the  Secretary  of  the  Treasury  to  cause  to  be  prepared  in  the 
Treasury  Department,  on  or  before  the  first  day  of  November  of  each  year,  esti- 
mates for  such  appropriations  as  in  his  judgment  shall  be  requisite  in  every 
such  case,  which  estimates  shall  be  included  in  the  Book  of  Estimates  prepared 
by  law  under  his  direction  for  the  consideration  of  Congress. — Sec.  5,  act  of 
Mar.  3,  1901   (31  Stat.,  1009). 

1119.  Estimates   of   appropriations   and   for   deficiencies   to    be   transmitted 
through  Secretary  of  Treasury,  etc. — Hereafter  all  estimates  of  appropriations 
and  estimates  of  deficiencies  in  appropriations  intended  for  the  consideration 
and  seeking  the  action  of  any  of  the  committees  •  of  Congress  shall  be  trans- 
mitted to  Congress  through  the  Secretary  of  the  Treasury  and  in  no  other 
manner ;  and  the  said  Secretary  shall  first  cause  the  same  to  be  properly  classi-. 
fied,  compiled,  indexed,  and  printed,  under  the  supervision  of  the  Chief  of  the 
Division  of  Warrants,  Estimates,  and  Appropriations  of  his  department. — Sec. 
2,  July  7,  1884  (%3  ^at.,  254). 

1120.  Estimates  to  follow  order  of  preceding  year's  appropriations. — Here- 
after the  estimates  for  expenses  of  the  Government  except  those  for  sundry 
civil  expenses,  shall  be  prepared  and  submitted  cadi  year  according  to  the 
order  and  arrangement  of  the  appropriation  acts  for  the  year  preceding.    And 
any  changes  in  such  order  and  arrangement,  and  iransiVrs  <>f  salaries  from  one 
office  or  bureau  to  another  office  or  bureau,  or  the  consolidation  of  offices  or 
bureaus  desired  by  the  head  of  any  executive  department  may  1>"  submitto-l  •>> 
note  in  the  estimates. — Sec.  4,  act  of  June  :^.  IUOG  <.*'/  Mut.,  .fr 


PUBLIC   MONEYS.  205 

1121.  Annual  estimates  to  Be  made  as  now  required  by  law. — Until  otherwise 
provided  by  law,  the  regular  annual  estimates  of  appropriations  for  expenses 
of  the  Government  of  the  United  States  shall  be  prepared  and  submitted  to 
Congress,  by  those  charged  with  the  duty  of  such  preparation  and  submis- 
sion, only  in  the  form  and  at  the  time  now  required  by  law,  and  in  no  other 
form  and  at  no  other  time.— Sec.  9,  act  of  Aug.  23,  1912  (37  Stat.,  415). 

1122.  All  estimates  to  be  included  in  Boole  of  Estimates;  special  or  additional 
estimates  to  state  necessity,  etc. — Hereafter  the  heads  of  the  several  executive 
departments  and  all  other  officers  authorized  or  required  to  make  estimates  for 
the  public  service  shall  include  in  their  annual  estimates  furnished  the  Secre- 
tary of  the  Treasury  for  inclusion  in  the  Book  of  Estimates  all  estimates  of 
appropriations  required  for  the  service  of  the  fiscal  year  for  which  they  are 
prepared  and  submitted,  and  special  or  additional  estimates  for  that  fiscal  year 
shall  only  be  submitted  to  carry  out  laws  subsequently  enacted,  or  when  deemed 
imperatively  necessary  for  the  public  service  by  the  department  in  which  they 
shall  originate,  in  which  case  such  special  or  additional  estimate  shall  be  ac- 
companied by  a  full  statement  of  its  imperative  necessity  and  reasons  for  its 
omission  in  the  annual  estimates. — Sec.  //,  act  of  June  22,  1906  (34  Stat.,  448). 

1123.  Manner  of  communicating  estimates. — The  heads  of  departments,  iu 
communicating  estimates  of  expenditures  and  appropriations  to  Congress,  or  to 
any  of  the  committees  thereof,  shall  specify,  as  nearly  as  may  be  convenient, 
the  sources  from  which  such  estimates  are  derived,  and  the  calculations  upon 
which  they  are  founded,  and  shall  discriminate  between  such  estimates  as  are 
conjectural  in  their  character  and  such  as  are  framed  upon  actual  information 
and  applications  from  disbursing  officers.     They  shall  also  give  references  to 
any  law  or  treaty  by  which  the  proposed  expenditures  are,  respectively,  au- 
thorized, specifying  the  date  of  each,  and  the  volume  and  page  of  the  Statutes 
at  Large,  or  of  the  Revised  Statutes,  as  the  case  may  be,  and  the  section  of  the 
act  in  which  the  authority  is  to  be  found.— Sec.  3660,  R.  S. 

1124.  Estimates  for  printing  and  Unding. — The  head  of  each  of  the  executive 
departments,  and  every  other  public  officer  who  is  authorized  to  have  printing 
and  binding  done  at  the  Congressional  Printing  Office,  for  the  use  of  his  de- 
partment or  public  office,  shall  include  in  his  annual  estimate  for  appropriations 
for  the  next  fiscal  year  such  sum  or  sums  as  may  to  him  seem  necessary  "  for 
printing  and  binding,  to  be  executed  under  the  direction  of  the  Congressional 
Printer."— Sec.  3661,  R.  S. 

NOTE. — The  Congressional  Printing  Office  -was  designated  the  Government  Printing 
Office  and  the  Congressional  Printer  was  designated  the  Public  Printer  by  provisions 
of  act  of  July  31,  1876  (19  Stat.,  102),  superseded  by  the  printing  and  binding  act 
of  Jan.  12,  1895. 

1125.  Requisites  of  estimates  for  appropriations  for  public  works. — Whenever 
any  estimate  submitted  to  Congress  by  the  head  of  a  department  asks  an  appro- 
priation for  any  new  specific  expenditure,  such  as  the  erection  of  a  public 
building,  or  the  construction  of  any  public  work,  requiring  a  plan  before  the 
building  or  work  can  be  properly  completed,  such  estimate  shall  be  accompanied 
by  full  plans  and  detailed  estimates  of  the  cost  of  the  whole  work.    All  sub- 
sequent estimates  for  any  such  work  shall  state  the  original  estimated  cost, 
the  aggregate  amount  theretofore  appropriated  for  the  same,  and  the  amount 
actually  expended  thereupon,  as  well  as  the  amount  asked  for  the  current  year 
for  which  such  estimate  is  made.    And  if  the  amount  asked  for  is  in  excess  of 
the  original  estimate,  the  full  reasons  for  the  excess,  and  the  extent  of  the 


206  PUBLIC    MONEYS. 

anticipated  excess,  shall  be  also  stated. — Sec.  3663,  R.  S.,  as  amended  by  act  of 
Feb.  27,  1877  (19  Stat.,  249). 

1126.  Amount  of  outstanding  appropriations  to  be  designated. — The  head  of 
each  department,  in  submitting  to  Congress  his  estimates  of  expenditures  re- 
quired in  his  department  during  the  year  then  approaching,  shall  designate  not 
only  the  amount  required  to  be  appropriated  for  the  next  fiscal  year,  but  also 
the  amount  of  the  outstanding  appropriation,  if  there  be  any,  which  will  prob- 
ably be  required  for  each  particular  item  of  expenditure. — Sec.  3665,  R.  S. 

1127.  Estimates  for  salaries.— All  estimates  for  the  compensation  of  officers 
authorized  .by  law  to  be  employed  shall  be  founded  upon  the  express  provisions 
of  law,  and  not  upon  the  authority  of  executive  distribution. — Sec.  3662,  R.  S. 

1128.  Estimates  for  payment  of  judgments. — Hereafter  estimates  for  the  pay- 
ment  of  all   judgments   against  the   United   States,   including  judgments   in 
Indian  depredation  claims  and  of  United  States  courts,   shall  be  transmitted 
to  Congress  through  the  Treasury  Department  as  other  estimates  of  appro- 
priations are  required  to  be  transmitted. — Act  of  Apr.  27,  1904  (33  Stat.,  422). 

1129.  Estimates  of  expenditures  for  repairs,  etc.,  of  public  buildings. — Here- 
after the  Secretary  of  the  Treasury  shall  annually  report  to  Congress  in  the 
Book  of  Estimates  a  statement  of  the  expenditure  of  the  appropriation  for 
"  repairs  and  preservation  of  public  buildings  "  which  shall  show  the  amount 
expended  on  each  public  building  and  the  number  of  persons  employed  and 
paid  salaries  from  such  appropriations. — Act  of  Aug.  30,  1890  (26  Stat.,  374). 

1130.  Estimates  for  transportation  of  the  Army  and  its  supplies. — Estimates 
for  the  next  fiscal  year  shall  be  submitted  to  the  Congress  of  the  United  States 
covering  transportation  of  the  Army  and  its  supplies  in  one  estimate,  and 
additional  estimates  shall  be  submitted  covering  other  items  heretofore  carried 
in  appropriation  bills  under  the  head  of  transportation  of  the  Army  and  its 
supplies.— Act  of  Mar.  2,  1907  (34  Stat.,  1170). 

1131.  Estimates  not  conforming  to  requirements  to  be  rearranged. — When 
estimates  hereafter  transmitted  to  the  Treasury  for  submission  to  Congress 
do  not  in  form  and  arrangement  comply  with  the  provisions  of  section  four  of 
the  legislative,  executive,  and  judicial  appropriation  act,  approved  June  twenty- 
second,   nineteen  hundred  and  six,  under  direction  of  the   Secretary  of  the 
Treasury,  be  rearranged  so  as  to  comply  with  said  requirements  of  law. — Sec. 
4  act  of  Mar.  4,  1909  (39  Stat,  907).  ' 

1132.  Statement  of  sales  of  old  material. — A  detailed  statement  of  the  pro- 
ceeds of  all  sales  of  old  material,  condemned  stores,  supplies,  or  other  public 
property  of  any  kind  except  materials,  stores,  or  supplies  sold  to  officers  and 
soldiers  of  the  Army,  or  to  exploring  or  surveying  expeditions  authorized  by 
law  shall  be  included  in  the  appendix  to  the  Book  of  Estimates. — Sec.  3672, 
R.  S.,  as  amended  by  act  of  Feb.  27, 1877  (19  Stat.,  249). 

1133.  Same — Separate  communication  to  be  submitted. — Hereafter  the  state- 
ment of  the  proceeds  of  all  sales  of  old  material,  condemned  stores,  supplies, 
or  other  public  property  of  any  kind  shall  be  submitted  to  Congress  at  the  be- 
ginning of  each  regular  session  thereof  as  a  separate  communication  and  shall 
not  hereafter  be  included  in  the  annual  Book  of  Estimates. — Sec.  6,  act  of 
June  25,  1910  (36  Stat.,  775). 


PUBLIC   MONEYS.  207 

1134.  Estimates  affecting  revenues  of  District  of  Columbia. — That  hereafter 
copies  of  all  estimates  of  appropriations  in  any  way  affecting  the  revenues  of 
the  District  of  Columbia  shall   be  furnished   to  the  Commissioners  of  said 
District  on  or  before  October  first  of  each  year. — Sec.  6,  act  of  Mar.  3,  1917  (39 
Stat.,  1046). 

1135.  Special  or  additional  estimates  to  conform  to  section  4,  act  of  June 
22,  1906. — The  Secretary  of  the  Treasury  shall  not  hereafter  transmit  special 
or  additional  estimates  of  appropriations  to  Congress  unless  they  shall  conform 
to  the  requirements  of  section  four  of  the  Act  approved  June  twenty-second, 
nineteen  hundred  and  six  (Thirty-fourth  Statute,  page  four  hundred  and  forty- 
eight).—  Sec.  4,  act  of  Sept.  8,  1916  (39  Stat.,  830). 

1136.  Commencement  of  fiscal  year. — The  fiscal  year  of  the  Treasury  of  the 
United  States  in  all  matters  of  accounts,  receipts,  expenditures,  estimates,  and 
appropriations,     *     *     *     shall   commence  on   the  first  day  of  July  in  each 
year;  and  all  accounts  of  receipts  and  expenditures  required  by  law  to  be 
published  annually  shall  be  prepared  and  published  for  the  fiscal  year  as  thus 
established.— Sec.  237,  R.  S.,  as  amended  by  act  of  Oct.  1,  1890  (26  Stat.,  646). 

1137.  Additional  explanations  required. — Whenever  the  head  of  a  department, 
being  about  to  submit  to  Congress  the  annual  estimates  of  expenditures  re- 
quired for  the  coming  year,  finds  that  the  usual  items  of  such  estimates  vary 
materially  in  amount  from  the  appropriation  ordinarily  asked  for  the  object 
named,  and  especially  from  the  appropriation  granted  for  the  same  objects  for 
the  preceding  year,  and  whenever  new  items  are  not  heretofore  usual   are 
introduced  into  such  estimates  for  any  year,  he  shall  accompany  the  estimates 
by  minute  and  full  explanations  of  all  such  variations  and  new  items,  showing 
the  reasons  and  grounds  upon  which  the  amounts  are  required,  and  the  dif- 
ferent items  added. — Sec.  3664,  R-  S. 

1138.  Estimates    for   general   or   lump-sum   appropriations;    statements    re- 
quired, etc. — Section  six  of  the  sundry  civil  appropriation  act  approved  August 
twenty-fourth,  nineteen  hundred  and  twelve,  is  amended  to  read  as  follows: 

"SEC.  6.  That  there  shall  be  submitted  hereafter,  in  the  annual  Book  of  Esti- 
mates, following  every  estimate  for  a  general  or  lump-sum  appropriation,  ex- 
cept public  buildings  or  other  public  works  constructed  under  contract,  a  state- 
ment showing  in  parallel  columns: 

"First.  The  number  of  persons,  if  any  intended  to  be  employed  and  the  rates 
of  compensation  of  each,  and  the  amounts  contemplated  to  be  expended  for  each 
of  any  other  objects  or  classes  of  expenditures  specified  or  contemplated  in  the 
estimate,  including  a  statement  of  estimated  unit  cost  of  any  construction  work 
proposed  to  be  done ;  and 

"  Second.  The  number  of  persons,  if  any,  employed  at  the  rate  of  compensa- 
tion paid  each,  and  the  amounts  expended  for  each  other  object  or  class  of 
expenditure,  and  the  actual  unit  cost  of  any  construction  work  done,  out  of 
the  appropriation  corresponding  to  the  estimate  so  submitted,  during  the  com- 
pleted fiscal  year  next  preceding  the  period  for  which  the  estimate  is  submitted. 

"Other  notes  shall  not  be  submitted  following  any  estimate  embraced  in 
the  annual  Book  of  Estimates  other  than  such  as  shall  suggest  changes  in  form 
or  order  of  arrangement  of  estimates  and  appropriations  and  reasons  for  such 
changes."— Sec.  10,  act  of  Aug.  1,  1914  (38  Stat.,  680). 


208  PUBLIC   MONEYS. 

1139.  Same — Uniform   methods   to   6e  prescribed,   etc. — The  information  re- 
quired in  connection  with  estimates  for  general  or  lump-sum  appropriations  by 
section  ten  of  the  sundry  civil  appropriation  act,  approved  August  first,  nine- 
teen hundred  and  fourteen,  shall  be  submitted  hereafter  according  to  uniform 
and  concise  methods,  which  shall  be  prescribed  by  the  Secretary  of  the  Treas-» 
ury,  but  with  reference  to  estimates  for  pay  of  mechanics  and  laborers  there 
shall  be  submitted  in  detail  only  the  ratings  and  trades  and  the  rates  per 
diem  paid  or  to  be  paid. — Sec.  4,  act  of  July  1,  1916  (39  Stat.,  336). 

1140.  Official  to  be  designated  by  each  department  to  supervise  and  prepare, 
etc. — Hereafter  the  head  of  each  executive  department  and  other  Government 
establishment  shall,  on  or  before  July  first  in  every  fiscal  year,  designate  from 
among  the  officials  employed  therein  one  person  whose  duty  it  shall  be  to  su- 
pervise the  classification  and  compilation  of  all  estimates  of  appropriations, 
including  supplemental  and  deficiency  estimates  to  be  submitted  by  such  de- 
partment or  establishment.     In  the  performance  of  their  duties  persons  so 
designated  shall  have  due  regard  for  the  requirements  of  all  laws  respecting  the 
preparation  of  estimates,  including  the  manner  and  time  of  their  submission 
through  the  Treasury  Department  to  Congress;  they  shall  also,  as  nearly  as 
may  be  practicable,  eliminate  from  all  such  estimates  unnecessary  words  and 
make  uniform  the  language  commonly  used  in  expressing  purposes  or  con- 
ditions of  appropriations. — Sec.  3,  act  of  June  23,  1913  (38  Stat.,  75). 

EXCHANGE  OF. 

1141.  Restriction  governing. — No  exchange  of  funds  shall  be  made  by  any 
disbursing  officer  or  agent  of  the  Government  of  any  grade  or  denomination 
whatsoever,  or  connected  with  any  branch  of  the  public  service,  other  than  an 
exchange  for  gold,  silver,  United  States  notes,  and  national-bank  notes ;  and 
every  such  disbursing  officer,  when  the  means  for  his  disbursements  are  fur- 
nished to  him  in  gold,  silver,  United  States  notes,  or  national-bank  notes,  shall 
make  his  payments  in  the  moneys  so  furnished ;  or  when  they  are  furnished 
to  him  in  drafts,  shall  cause  those  drafts  to  be  presented  at  their  place  of  pay- 
ment, and  properly  paid  according  to  law,  and  shall  make  his  payments  in  the 
money  so  received  for  the  drafts  furnished,  unless,  in  either  case,  he  can  ex- 
change the  means  in  his  hands  for  gold  and  silver  at  par.    And  it  shall  be  the 
duty  of  the  head  of  the  proper  department  immediately  to  suspend  from  duty 
any  disbursing  officer  or  agent  who  violates  the  provisions  of  this  section,  and 
forthwith  to  report  the  name  of  the  officer  or  agent  to  the  President,  with  the 
fact  of  the  violation,  and  all  the  circumstances  accompanying  the  same,  and 
within  the  knowledge  of  the  Secretary,  to  the  end  that  such  officer  or  agent 
may  be  promptly  removed  from  office,  or  restored  to  his  trust  and  the  perform- 
ance of  his  duties  as  the  President  may  deem  just  and  proper. — Sec.  3651,  R.  S. 

LOST  FUNDS  AND  PROPERTY. 

1142.  Credit  for  lost  funds. — Whenever  the  Court  of  Claims  ascertains  the 
facts  of  any  loss  by  any  paymaster,  quartermaster,  commissary  of  subsistence, 
or  other  disbursing  officer,  in  the  cases  hereinbefore  provided,  to  have  been 
without  fault  or  negligence  on  the  part  of  such  officer,  it  shall  make  a  decree 
setting  forth  the  amount  thereof,  and  upon  such  decree  the  proper  accounting 
officers  of  the  Treasury  shall  allow  to  such  officer  the  amount  so  decreed,  as  n 
credit  in  the  settlement  of  his  accounts. — Ker.  l',7,  act  of   M«r.   ,i.    1911    (36 
Stat.,  1137). 


PUBLIC   MONEYS.  209 

1143.  Deductions  for  property  lost  in  transit. — Hereafter  moneys  arising  from 
deductions  made  from  carriers  on  account  of  the  loss  of  or  damage  to  military 
stores  in  transit  shall  be  credited  to  the  proper  appropriation  or  funds  out  of 
which  such  or  similar  stores  shnll  be  repaired. — Sec.  1,  act  of  Mar.  2,  1905  (33 
Stat.,  840). 

OFFENSES    IX    CONNECTION    WITH    THE    SAFE-KEEPING    AND    DISBURSEMENT    OF. 

1144.  Receipting  for  larger  sums  than  paid. — Whoever,  being  an  officer,  clerk, 
agent,  employee,  or  other  person  charged  with  the  payment  of  any  appropriation 
made  by  Congress,  who  shall  pay  to  any  clerk  or  other  employee  of  the  United 
Stales  a  sum  less  than  that  provided  for  by  law,  and  require  such  employee  to 
receipt  or  give  a  voucher  for  an  amount  greater  than  that  actually  paid  to  and 
received  by  him,  is  guilty  of  embezzlement,  and  shall  be  fined  in  double  the 
amount  so  withheld  from  any  employee  of  the  Government  and  imprisoned  not 
more  than  two  years. — Sec.  86,  act  of  Mar.  Jt,  1909  (35  Stat.,  1105). 

1145.  False  certificates,  etc. — Whoever,  being  a  public  officer  or  other  person 
authorized  by  any  law  of  the  United  States  to  make  or  give  a  certificate 
or  other  writing,  shall  knowingly  make  and  deliver  as  true  such  a  certificate 
or  writing,  containing  any  statement  which  he  knows  to  be  false,  in  a  case 
where  the  punishment  thereof  is  not  elsewhere  expressly  provided  by  law,  shall 
r>e  fined  not  more  than  five  hundred  dollars,  or  imprisoned  not  more  than  one 
year,  or  both. — Sec.  106,  ibid.,  p.  1107. 

1146.  Extortion  by  officials. — Every  officer,  clerk,  agent,  or  employee  of  the 
United  States,  and  every  person  representing  himself  to  be  or  assuming  to  act 
as  such  officer,  clerk,  agent,  or  employee,  who,  under  color  of  his  office,  clerk- 
ship, agency,  or  employment,  or  under  color  of  his  pretended  or  assumed  office, 
clerkship,  agency,  or  employment,  is  guilty  of  extortion,  and  every  person  who 
shall  attempt  any  act  which  if  performed  would  make  him  guilty  of  extortion, 
shall  be  fined  not  more  than  five  hundred  dollars,  or  imprisoned  not  more  than 
one  year,  or  both. — Sec.  85,  ibid.,  p.  1104. 

1147.  Contracting  beyond  specific  appropriations. — Whoever,  being  an  officer 
of  the  United  States,  shall  knowingly  contract  for  the  erection,  repair,  or  fur- 
nishing of  any  public  building,  or  for  any  public  improvement,  to  pay  a  larger 
amount  than  the  specific  sum  appropriated  for  such  purpose,  shall  be  fined  not 
more  than  two  thousand  dollars  and  imprisoned  not  more  than  two  years. — Sec. 
98,  ibid.,  p.  1106. 

PROCEEDS  OF  SALES. 

1148.  Sale  of  condemned  stores,  etc.— All  proceeds  of  sales  of  old  material, 
condemned  stores,  supplies,  or  other  public  property  of  any  kind,  except  the  pro- 
ceeds of  the  sale  or  leasing  of  marine  hospitals,  or  of  the  sales  of  revenue  cut- 
ters, or  of  the  sales  of  commissary  stores  to  the  officers  and  enlisted  men  of  the 
Army,  or  of  materials,  stores,  or  supplies  sold  to  officers  or  soldiers  of  the  Army, 
or  of  the  sale  of  condemned  Navy  clothing,  or  of  sales  of  materials,  stores,  or 
supplies  to  any  exploring  or  surveying  expedition  authorized  by  law  shall  be 
deposited  and  covered  into  the  Treasury  as  miscellaneous  receipts,  on  account 
of  "  Proceeds  of  Government  property,"  and  shall  not  be  withdrawn  or  applied, 
except  in  consequence  of  a  subsequent  appropriation  made  by  law. — Sec.  3618, 
R.  S.,  as  amended  by  act  Feb.  27,  1877  (19  Stat.,  249). 

49392—18 14 


210  PUBLIC   MONEYS. 

1149.  Sale  of  subsistences  stores,  etc.,  to  officers  and  enlisted  men,  etc. — All 
moneys  received  from  the  leasing  or  sale  of  marine  hospitals,  or  the  sale  of 
revenue  cutters,  or  from  the  sale  of  commissary  stores  to  officers  and  enlisted 
men  of  the  Army,  or  from  the  sale  of  materials,  stores,  or  supplies  sold  to  offi- 
cers and  soldiers  of  the  Army,  or  from  sales  of  condemned  clothing  of  the  Navy, 
or  from  sales  of  materials,  stores,  or  supplies  to  any  exploring  or  surveying 
expedition  authorized  by  law,  shall  respectively  revert  to  that  appropriation  out 
of  which  they  were  originally  expended,  and  shall  be  applied  to  the  purposes  for 
which  they  are  appropriated  by  law. — *SVr.  ,W!)£,  A*.  »s'.,  r/.v  <nncn<l<'<1  by  act  of 
Feb.  27,  7877    (7.9  Wat.,  249). 

1150.  Sale  of  subsistence  supplies  or  stores,  to  be  covered  into  Treasury,  etc. — 
Hereafter  all  moneys  arising  from  sales  of  subsistence  supplies  or  stores,  au- 
thorized by  law  and  regulations,  shall  be  covered  into  the  Treasury  to  the  credit 
of  the  proper  appropriation  and  shall  remain  available  throughout  the  fiscal 
year  following  that  in  which  the  sales  were  effected,  for  the  purpose  of  that 
appropriation  from  which  such  supplies  or  stores  were  authorized  to  be  sup- 
plied at  the  time  of  the  sales.— Act  of  Apr.  27,  19  i  4  (38  Stat.,  361). 

1161.  Sale  of  condemned  stores,  etc.,  expenses  of  to  be  paid  from  proceeds. — 
From  the  proceeds  of  sales  of  old  material,  condemned  stores,  supplies,  or  other 
public  property  of  any  kind,  before  being  deposited  into  the  Treasury,  either  as 
miscellaneous  receipts  on  account  of  "  Proceeds  of  Government  property,"  or  to 
the  credit  of  the  appropriations  to  which  such  proceeds  are  by  law  authorized  to 
be  made,  there  may  be  paid  the  expenses  of  such  sales,  as  approved  by  the  ac- 
counting officers  of  the  Treasury,  so  as  to  require  only  the  net  proceeds  of  such 
sales  to  be  deposited  into  the  Treasury,  either  as  miscellaneous  receipts  or  to 
the  credit  of  such  appropriations,  as  the  case  may  be. — Act  of  June  8,  1896 
(29  Stat.,  268). 

1152.  Sale  of  serviceable  quartermaster  stores,  proceeds  of  available  for 
following  fiscal  year. — Hereafter  all  moneys  arising  from  disposition  of  service- 
able quartermaster's  supplies  or  stores,  authorized  by  law  and  regulations,  shall 
remain  available  throughout  the  fiscal  year  following  that  in  which  the  disposi- 
tion was  effected,  for  the  purposes  of  that  appropriation  from  which  such  sup- 
plies were  authorized  to  be  supplied  at  the  time  of  the  disposition. — Act  of  Mar. 
23,  1910  (36  Stat.,  257). 

1158.  — Stores  transferred  to  Insular  Department  of  the  Philippines. — Here- 
after all  funds  received  as  the  value  of  military  stores  transferred  by  the  sev- 
eral staff  departments  of  the  Army  to  the  Insular  Department  of  the  Philip- 
pines, or  work  done,  shall  be  deposited  in  the  Treasury  of  the  United  States  and 
remain  available  during  the  fiscal  year  in  which  the  transaction  occurred,  and 
the  following  year  for  the  procurement  of  like  military  stores  to  replace  those 
so  transferred.— 4c*  of  June  12,  1906  (34  Stat.,  258). 

1154.  Sales  of  surplus  ice,  electric  light  and  power,  and  laundry  work. — 
Whenever  the  ice  machines,  steam  laundries,  and  electric  plants  shall  not  come 
in  competition  with  private  enterprise  for  sale  to  the  public,  and  in  the  opinion 
of  the  Secretary  of  War  it  becomes  necessary  to  the  economical  use  and  ad- 
ministration of  such  ice  machines,  steam  laundries,  and  electric  plants  as  have 
been  or  may  hereafter  be  established  in  pursuance  of  law,  surplus  ice  may  be 
disposed  of,  laundry  work  may  be  done  for  other  branches  of  the  Government, 
and  surplus  electric  light  and  power  may  be  sold  on  such  terms  and  in  accord- 


PUBLIC   MONEYS.  211 

auce  with  such  regulations  as  may  be  prescribed  by  the  Secretary  of  War : 
Provided,  That  the  funds  received  from  such  sales  and  in  payment  for  such 
laundry  work  shall  ibe  used  to  defray  the  cost  of  operation  of  said  ice,  laundry, 
and  electric  plants ;  and  the  sales  and  expenditures  herein  provided  for  shall  be 
accounted  for  in  accordance  with  the  methods  prescribed  by  law,  and  any  sums 
remaining,  after  such  cost  of  maintenance  and  operation  have  been  defrayed, 
shall  be  deposited  in  the  Treasury  to  the  credit  of  the  appropriation  from  which 
the  cost  of  operations  of  such  plant  is  paid. — Act  of  Mar.  2,  1907  (34  Stat., 
1167).  Sec  also  annual  appropriation  acts. 

1155.  Sale*    to    educational    institutions,    to    revert    to    appropriation    from 
which  expended. — All  moneys  received  from  the  sale  of  stores,  supplies,  ma- 
terial of  war,  and  military  publications  to  educational  institutions  to  which  an 
officer  of  the  Army  is  detailed  as  professor  of  military  science  and  tactics  shall 
respectively  revert  to  that  appropriation  out  of  which  they  were  originally  ex- 
pended and  shall  be  applied  to  the  purposes  for  which  they  are  appropriated  by 
law.— Ac*  of  July  17,  1914  (38  Stat.,  512). 

1156.  Sale  of  surplus  cuttings  of  material  for  clothing. — Hereafter  the  pro- 
ceeds derived  from  the  sale  of  surplus  cuttings  of  material  for  clothing  manu- 
factured by  the  Quartermaster  Corps  of  the  Army  shall  be  deposited  to  the 
credit  of  that  appropriation  out  of  which  the  material  was  purchased. — Act  of 
Aug.  29,  1916  (39  Stat.,  635). 

1157.  Statement  of  proceeds  of  sales  to  be  rendered. — Hereafter  the  Secretary 
of  the  Treasury  shall  require,  and  it  shall  be  the  duty  of  the  head  of  each 
executive  department  or  other   Government   establishment    to    furnish    him, 
within  thirty  days  after  the  close  of  each  fiscal  year,  a  statement  of  all  money 
arising  from  proceeds  of  public  property  of  any  kind  or  from  any  source  other 
than  the  postal  service,  received  by  said  head  of  department  or  other  Govern- 
ment establishment  during  the  previous  fiscal  year  for  or  on  account  of  the 
public  service,  or  in  any  other  manner  in  the  discharge  of  his  official  duties 
other  than  as  salary  or  compensation,  which  was  not  paid  into  the  General 
Treasury  of  the  United  States,  together  with  a  detailed  account  of  all  pay- 
ments, if  any,  made  from  such  funds  during  such  year.     All  such  statements, 
together  with  a  similar  statement  applying  to  the  Treasury  Department,  shall 
be  transmitted  by  the  Secretary  of  the  Treasury  to  Congress  at  the  beginning 
of  each  regular  session. — Sec.  5,  act  of  Junv  30,  190G  (84  Stat.,  763). 

1158.  Subsistence — annual  statement  of  sales  not  required. — Hereafter  the 
provisions  of  section  five  of  the  act  of  June  thirtieth,  nineteen  hundred  and  six 
(thirty-fourth  Statute,  page  seven  hundred  and  sixty-three),  shall  not  be  con- 
strued to   apply   to  the   Subsistence   Department. — Act  of  Aug.   2.'i,  1912    (37 
Stat.,  579). 

REWARD  FOR   APPREHENSION   OF  DESERTERS. 

1159.  Who  in  authorized  to  arrest,  etc. — That  United  States  marshals  and 
their  deputies,  sheriffs  and  their  deputies,  constables,   and  police  officers  of 
towns   and   cities    are   hereby    authorized   to   apprehend,    ai'rest,    and    receive 
the  surrender  of  any  deserter  from  the  Army  for  the  purpose  of  delivering  him 
to  any  person  in  the  military  service  authorized  to  receive  him. — Sec.  3,  act  of 
June  16,  1890  (26  Stat.,  158). 


212  PUBLIC   MONEYS. 

1160.  Same — Extended  to  include  any  civil  officer. — It  shall  be  lawful  for  any 
civil  officer  having  authority  under  the  laws  of  the  United  States  or  of  any 
State,  Territory,  or  District,  to  arrest  offenders,  summarily  arrest  a  deserter 
from  the  military  service  of  the  United  States  and  deliver  him  into  the  custody 
of  the  military  authority  of  the  General  Government. — Art.  106,  act  of  Aug.  2.9, 
1916  (39  Stat.,  667). 

1161.  Amount  to  be  paid  for  a-pprt -In -union,  etc. — For  the  apprehension,  secur- 
ing, and  delivering  of  deserters,  including  escaped  military  prisoners,  and  the 
expenses  incident  to  their  pursuit;  and  no  greater  sum  than  fifty  dollars  for 
each  deserter  or  escaped  military  prisoner  shall,  in  the  discretion  of  the  Secre- 
tary of  War,  be  paid  to  any  civil  officer  or  citizen  for  such  services  and  ex- 
penses.— Act  of  Mar.  3,  1911  (36  Stat.,  1048).     See  Annual  appropriation  acts. 

SETTLEMENTS— REVISION  OF. 

1162.  Accepting   payment   on   auditor's   settlement    conclusive.-- Any    person 
accepting  payment  under  a  settlement  by  an  auditor  shall  be  thereby  precluded 
from  obtaining  a   revision  of  such  settlement  as  to  any  items  upon  which 
payment  is  accepted;  but  nothing  in  this  act  shall  prevent  an  auditor  from 
suspending  items  in  an  account  in  order  to  obtain  further  evidence  or  explana- 
tions necessary  to  their  settlement.     When  suspended  items  are  finally  settled, 
a   revision   may   be  had   as   in  the  case  of  the  original   settlement.     Action 
upon   any   account   or   business   shall   not   be   delayed   awaiting   applications 
for  revision :  Provided,  That  the  Secretary  of  the  Treasury  shall  make  regu- 
lations fixing  the  time  which  shall  expire  before  a  warrant  is  issued  in  pay- 
ment of  an  account  certified  as  provided  in  sections  seven  and  eight  of  this 
act— Sec.  8,  act  of  July  31,  1894  (28  Stat.,  208). 

WARRANTS. 

1163.  Moneys  appropriated  to  Itc  drawn  from  Treasury  bu. —All  moneys  ap- 
propriated for  the  use  of  the  War  and  Navy   Departments  shall  be  drawn 
from  the  Treasury,  by  warrants  of  the  Secretary  of  the  Treasury,  upon  the 
requisitions   of   the   Secretaries   of   those   departments,   respectively,    counter- 
signed by  the  Second  Comptroller  of  the  Treasury  and  registered  by  the  proper 
auditor. — Sec.  3673,  R.  S. 

1164.  To  be  countersigned  ~by  Comptroller  of  Treasury,  etc. — All  warrants, 
when  authorized  by  law  and  signed  by  the  Secretary  of  the  Treasury,  shall 
be  countersigned  by  the  Comptroller  of  the  Treasury,  and   all   warrants  for 
the  payment  of  money  shall  be  accompanied  either  by  the  auditor's  certiji- 
cate,  mentioned  in  section  seven  of  this  act,  or  by  the  requisition  for  advance 
of  money,  which  certificate  or  requisition  shall  specify  the  particular  appro- 
priation to  which  the  same  should  be  charged,  instead  of  being  specified  on 
the  -warrant,  as  now  provided  by  section  thirty-six  hundred  and  seventy-five 
of  the  Revised  Statutes ;  and  shall  also  go  with  the  warrant  to  the  Treasurer, 
who  shall  return  the  certificate  or  requisition  to  the  proper  auditor,  with  the 
date  and  amount  of  the  draft  issued  indorsed  thereon.     Requisitions  for  the 
payment  of  money  on  all  audited  accounts,  or  for  covering  money  into  the 
Treasury,   shall   not  hereafter  be  required,   and   requisitions  for  advance  of 
money  shall  not  be  countersigned  by  the  Comptroller  of  the  Treasury. — Sec.  11, 
act  of  July  31,  1S94  (28  Stat.,  209). 


PUBLIC    MONEYS.  213 

1165.  Subject  to  draft  of  the  Treasurer. — All  public  moneys  paid  into  any 
depository  shall  be  subject  to  the  draft  of  the  Treasurer  of  the  United  States, 
drawn  agreeably  to  appropriations  made  by  law. — Sec.  3593,  R.  S. 

THE  AUDITOR  FOB  THE  WAR  DEPARTMENT. 

1166.  Designation  changed  to. — The  Auditors  of  the  Treasury   shall   here- 
after be  designated  as  follows :     *     *     *     The  Second  Auditor  as  Auditor  for 
the  War  Department.     *     *     *     The  designations  of  the  deputy  auditors  and 
other  subordinates   shall  correspond  with   those  of  the   auditors.     And   each 
deputy  auditor  in  addition  to  the  duties  now  required  to  be  performed  by  him, 
shall  sign,  in  the  name  of  the  auditor,  such  letters  and  papers  as  the  auditor 
may  direct. — Sec.  3,  act  of  July  31,  J894  (28  Stat.,  205). 

1167.  Comptroller,   auditors,   etc.,  not  new  offices. — This  act,  so   far  as  it 
relates  to  the  First  Comptroller  of  the  Treasury  and  the  several  auditors  and 
deputy  auditors  of  the  Treasury,  shall  be  held  and  construed  to  operate  merely 
as  changing  their  designations   (to  Comptroller  of  the  Treasury,  and  auditors 
for  the  various  departments,  etc.)  and  as  adding  to  and  modifying  their  duties 
and  powers,  and  not  as  creating  new  officers. — Sec.  9,  ibid.,  p.  208. 

1168.  Dirision  of  Warrants  and  Bookkeeping  established. — The  Division  of 
Warrants,  Estimates,  and  Appropriations  in  the  office  of  the  Secretary  of  the 
Treasury  is  hereby  recognized  and  established  as  the  Division  of  Bookkeeping 
and  Warrants.    It  shall  be  under  the  direction  of  the  Secretary  of  the  Treasury 
as  heretofore.     Upon  the  books  of  this  division  shall  be  kept  all  accounts  of 
receipts  and  expenditures  of  public  money  except  those  relating  to  the  postal 
revenues  and  expenditures  therefrom;  and  section  three  hundred  and  thirteen 
and  so  much  of  sections  two  hundred  and  eighty-three  and  thirty-six  hundred 
and  seventy-five  of  the  Revised  Statutes  as  require  those  accounts  to  be  kept  by 
certain  auditors  and  the  Register  of  the  Treasury  are  repealed. — Sec.  10,  ibid., 
p.  208. 

1169.  Auditors  to  recover  debts. — The  auditors,  under  the  direction  of  the 
Comptroller  of  the  Treasury,  shall  superintend  the  recovery  of  all  debts  finally 
certified  by  them,  respectively,  to  be  due  to  the  United  States. — Sec.  4,  ibid., 
p.  206. 

1170.  Auditors   to   preserve   accounts   finally   adjusted. — The   auditors   shall, 
under  the  direction  of  the  Comptroller  of  the  Treasury,  preserve,  with  their 
vouchers  and  certificates,  all  accounts  which  have  been  finally  adjusted. — Sec. 
8,  ibid.,  p.  208. 

1171.  Auditor  for  War  Department,  duties  of. — The  Auditor  for  the  War 
Department  shall  receive  and  examine  all  accounts  of  salaries  and  incidental 
expenses  of  the  office  of  the  Secretary  of  War  and  all  bureaus  and  offices 
under  his  direction,  all  accounts  relating  to  the  Military  Establishment,  armor- 
ies   and    arsenals,    national    cemeteries,    fortifications,    public    buildings    and 
grounds  under  the  Chief  of  Engineers,  rivers  and  harbors,  the  Military  Academy, 
and  to  all  other  business  within  the  jurisdiction  of  the  Department  of  War, 
and  certify  the  balances  arising  thereon  to  the  Division  of  Bookkeeping  and 
Warrants,  and  send  forthwith  a  copy  of  each  certificate  to  the  Secretary  of 
War.— Sec.  7,  ibid.  p.  206. 

1172.  Manner  of  keeping  accounts  of  the  War  Department. — The  auditors 
charged  with  the  examination  of  the  accounts  of  the  Departments  of  War  and 

49392* 


214  PUBLIC  PROPERTY. 

of  the  Navy,  shall  keep  all  accounts  of  the  receipts  and  expenditures  of  the 
public  money  in  regard  to  those  departments,  and  of  all  debts  due  to  the 
United  States  on  moneys  advanced  relative  to  those  departments ;  shall  receive 
from  the  Second  Comptroller  the  accounts  which  shall  have  been  finally 
adjusted,  and  shall  preserve  such  accounts,  with  their  vouchers  and  certificates, 
and  record  all  requisitions  drawn  by  the  Secretaries  of  those  departments,  the 
examination  of  the  accounts  of  which  have  been  assigned  to  them. — Sec.  28S, 
R.  S.,  as  modified  by  act  of  July  31,  1894  (128  8tat.,  208). 

1173.  Clerk   to   be  detailed   to   sign  bounties,   certificates,   etc. — The  second 
auditor  may  detail  one  clerk  to  sign,  in  the  place  of  the  auditor,  all  certificates 
and  papers  issued  under  any  provisions  of  law  relating  to  bounties;  but  the 
auditor  shall  be  responsible  for  the  official  acts  of  such  clerk. — Sec.  279,  R.  8. 

THE  COMPTROLLER  OF  THE  TREASURY. 

1174.  Designation  and  duties  of. — The  offices  of  Commissioner  of  Customs, 
Deputy  Commissioner  of  Customs,  Second  Comptroller,  Deputy  Second  Comp- 
troller, and  Deputy  First  Comptroller  of  the  Treasury  are  abolished,  and  the 
First  Comptroller  of  the  Treasury  shall  hereafter  be  known  as  Comptroller  of 
the  Treasury.     He  shall  perform  the  same  duties  and  have  the  same  powers 
and  responsibilities   (except  as  modified  by  this  act)   as  those  now  performed 
by  or  appertaining  to  the  First  and  Second  Comptrollers  of  the  Treasury  and 
the  Commissioner  of  Customs ;  and  all  provisions  of  law  not  inconsistent  with 
this  act,  in  any  way  relating  to  them  or  either  of  them,  shall  hereafter  be 
construed  and  held  as  relating  to  the  Comptroller  of  the  Treasury. — Sec.  4, 
act  of  July  81,  1894  (28  Stat.,  205). 

1175.  Power  to  regulate  payment  of  arrears  of  pay. — The  Comptroller  of  the 
Treasury  may  prescribe  rules  to  govern  the  payment  of  arrears  of  pay  due  to 
any  petty  officer,  seaman,  or  other  person  not  an  officer,  on  board  any  vessel 
in  the  employ  of  the  United  States,  which  has  been  sunk  or  destroyed,  in  the 
case  of  the  death  of  such  petty  officer,  seaman,  or  person,  to  the  person  desig- 
nated by  law  to  receive  the  same. — Sec.  274,  R.  S.,  as  amended  by  act  of  July 
31,  1894  (28  Stat.,  205). 

1176.  Inspection  of  books,  accounts  of  disbursing  officers,  etc.,  by  Comptroller 
and  auditors. — All  books,  papers,  and  other  matters  relating  to  the  office  or 
accounts  of  disbursing  officers  of  the  executive  departments,  and  commissions, 
boards,  and  establishments 'of  the  Government  in  the  District  of  Columbia  shall 
at  all  times  be  subject  to  inspection  and  examination  by  the  Comptroller  of 
the   Treasury   and   the   Auditor   of   the   Treasury   authorized   to    settle   such 
accounts,  or  by  the  duly  authorized  agents  of  either  of  said  officials. — Act  of 
Feb.  19,  1897  (29  Stat.,  550). 

PUBLIC  PROPERTY. 

ACCOUNTABILITY. 

1177.  Regulations  to  be  prescribed  by  Secretary  of  War. — Hereafter  the  ac- 
counting for  Army  supplies  or  property  and  the  fixing  of  responsibility  therefor 
shall  be  according  to  such  regulations  as  may  be  prescribed  by  the  Secretary 
of  War. — Act  of  Aug.  29,  1916  (39  Stat.,  635). 

1178.  Oaths  in  settlement  of  accounts,  icho  may  administer. — The  Secretary 
of  War  is  authorized  to  detail  one  or  more  of  the  employees  of  the  War  De- 


PUBLIC  PROPERTY.  215 

partment  for  the  purpose  of  administering  the  oaths  required  by  law  in  the 
settlement  of  officers'  accounts  for  clothing,  camp  and  garrison  equipage,  quar- 
termaster's stores  and  ordnance,  which  oaths  shall  be  administered  without 
expense  to  the  parties  taking  them. — Sec.  225,  R.  S.,  as  amended  by  Act  of  Feb. 
27,  1877  (19-24D. 

1179.  Accounts  of  company  commanders;  affidavits  to  be  accepted  in  case  of 
loss  of  vouchers   or  company   books. — In   settling  the  accounts  of   the   com- 
manding officer  of  a  company  for  clothing  and  other  military  supplies,  the 
affidavit  of  any  such  officer  may  be  received  to  show  the  loss  of  vouchers  or 
company  books,  or  any  matter  or  circumstance  tending  to  prove  that  any  ap- 
parent deficiency  was  occasioned  by  unavoidable  accident  or  loss  in  actual 
service,  without  any  fault  on  his  part,  or  that  the  whole  or  any  part  of  such 
clothing  and  supplies  hart  been  properly  and  legally  used  and  appropriated; 
and  such  affidavit  may  be  considered  as  evidence  to  establish  the  facts  set 
forth,  with  or  without  other  evidence,  as  may  seem  to  the  Secretary  of  War 
just  and  proper  under  the  circumstances  of  the  case. — Ibid. 

1180.  System  to  be  prescribed  by  Quartermaster  General  under  direction  of 
Secretary  of  War;  account  to  be  rendered. — The  Quartermaster  General,  un- 
der the  direction  of  the  Secretary  of  War,  shall  prescribe  and  enforce  a  system 
of  accountability  for  all  quartermaster's  supplies  to  the  Army  or  to  officers, 
seamen,  and  marines.    And  he  shall  account  to  the  Secretary  of  War  at  least 
once  in  three  months  for  all  property  and  money  that  may  pass  through  his 
hands  or  the  hands  of  his  subordinate  officers. — Sec.  1189,  R.  S.,  as  amended 
<>V  act  of  Feb.  27,  1877  (19  Stat.,  2J{2). 

1181.  Certificates  of  loss  to  be  fomvarded  to  Treasury  accounting  officers. — 
Instead  of  forwarding  to  the  accounting  officers  of  the  Treasury  Department 
returns  of  public  property  intrusted  to  the  possession  of  officers  or  agents,  the 
Quartermaster  General,  the  Commissary  General  of  Subsistence,  the  Surgeon 
General,  the  Chief  of  Engineers,  the  Chief  of  Ordnance,  the  Chief  Signal  Of- 
ficer, the  Paymaster  General  of  the  Navy,  the  Commissioner  of  Indian  Affairs, 
or  other  like  chief  officers  in  any  department,  by,  through,  or  under  whom 
stores,  supplies,  and  other  public  property  are  received  for  distribution,  or 
whose  duty  it  is  to  receive  or  examine  returns  of  such  property,  shall  certify 
to  the  proper  accounting  officer  of  the  Treasury  Department  for  debiting  on 
the  proper  account  any  charge  against  any  officer  or  agent  intrusted  with  public 
property,  arising  from  any  loss,  accruing  by  his  fault,  to  the  Government  as 

to  the  property  so  intrusted  to  him. — Sec.  1,  act  of  Mar.  29,  1894  (28  Stat.,  47). 

» 

1182.  Contents  of  certificates. — Said  certificate  shall  set  forth  the  condition 
of  such  officer's  or  agent's  property  returns,  that  it  includes  all  charges  made 
up  to  its  date  and  not  previously  certified,  that  he  has  had  a  reasonable  oppor- 
tunity to  be  heard  and  has  not  been  relieved  of  responsibility;  the  effect  of 
such  certificate,  when  received,  shall  be  the  same  as  if  the  facts  therein  set 
forth  had  been  ascertained  by  the  accounting  ofiicers  of  the  Treasury  Depart- 
ment in  accounting. — Sec.  2,  Ibid. 

1183.  Uniforms,  equipment,  etc.,  of  enlisted  men  in  possession  of  persona  not 
xoldiers. — The  clothing,  arms,  military  outfits,  and  accouterments  furnished  by 
the  United  States  to  any  soldier  shall  not  be  sold,  bartered,  exchanged,  pledged, 
loaned,  or  given  away ;  and  the  possession  of  any  such  property  by  any  person 
not  a  soldier  or  officer  of  the  United  States  shall  be  prima-facie  evidence  of  such 


216  PUBLIC  PROPERTY. 

sale,  barter,  exchange,  pledge,  loan,  or  gift.  Such  property  may  be  seized  and 
taken  from  any  person,  not  a  soldier  or  officer  of  the  United  States,  by 
any  officer,  civil  or  military,  of  the  United  States,  and  shall,  thereupon,  be  de- 
livered to  any  quartermaster  or  other  officer  authorized  to  receive  the  same. — 
Sec.  1242,  R.  S. 

1184.  Same. — The   clothes,    arms,    military    outfits,    and    accouternieuts    fur- 
nished by  the  United  States  to  any  soldier  shall  not  be  sold,  bartered,  exchanged, 
pledged,  loaned,  or  given  away ;  and  no  person  not  a  soldier,  or  duly  authorized 
officer  of  the  United  States,  who  has  possession  of  any  such  clothes,  arms,  mili- 
tary outfits,  or  accouterments,  so  furnished,  and  which  have  been  the  subject  of 
any  such  sale,  barter,  exchange,  pledge,  loan,  or  gift,  shall  have  any  right,  title, 
or  interest  therein ;  but  the  same  may  be  seized  and  taken  wherever  found  by  any 
officer  of  the  United  States,  civil  or  military,  and  shall  thereupon  be  delivered 
to  any  quartermaster,  or  other  officer  authorized  to  receive  the  same.    The  pos- 
session of  any  such  clothes,  arms,  military  outfits,  or  accouterments  by  any  per- 
sou  not  a  soldier  or  officer  of  the  United  States  shall  be  presumptive  evidence  of 
such  a  sale,  barter,  exchange,  pledge,  loan,  or  gift. — Sec.  377/8  R.  S. 

1185.  Custody  of  books,  records,  papers,  furniture,  etc. — The  Secretary  of 
War  shall  have  the  custody  and  charge  of  all  books,  record  papers,  furniture, 
fixtures,  and  other  property  appertaining  to  the  department. — Sec.  217,  R.  S. 

LOiN  OF. 

1186.  Tents,  loan  restricted; — Hereafter  no  loans  of  tents  shall  be  made 
except  to  the  Grand  Army  of  the  Republic  and  the  United  Confederate  Vet- 
erans.— Act  of  Mar.  2,  1913  (37  Stat.,  1025). 

1187.  American  National  Red  Cross. — That  the  Secretary  of  War  and  the 
Secretary  of  the  Navy  be,  and  are  hereby,  authorized  to  issue,  each  at  his  dis- 
cretion and  under  proper  regulations  to  be  prescribed  by  him,  out  of  equip- 
ment for  medical  and  other  establishments  on  hand,  belonging  to  the  Govern- 
ment and  which  can  be  temporarily  spared,  such  articles  as  may  appear  to  be 
required  for  instruction  and  practice  by  organizations  formed  by  the  American 
National  Red  Cross  for  the  purpose  of  rendering  aid  to  the  Army  and  Navy  in 
war.    That  the  regulations  prescribed  by  the  Secretary  of  War  or  by  the  Secre- 
tary of  the  Navy,  in  pursuance  of  the  authority  granted  by  section  one,  shall  pro- 
vide for  the  immediate  return  of  the  articles  of  equipment  loaned  the  American 
National  Red  Cross  when  called  for  by  the  authority  which  issued  them;  and 
the  said  Secretaries  shall  require  a  bond  in  each  case  in  double  the  value  of  the 
property,  for  the  care  and  safe-keeping  thereof  and  for  the  return  of  the  same 

.when  required.— -Sec.  2,  act  of  May  8,  1914  (38  Stat.,  771). 

OFFENSES  AGAINST. 

1188.  Falttet  etc.,  returns  by  officers. — Every  officer  whose  duty  it  is  to  render 
to  the  War  Department  or  other  superior  authority  a  return  of  the  state  of 
the  troops  under  his  command,  or  of  the     *     *     *     clothing,  funds,  or  other 
property   thereunto  belonging,  who   knowingly   makes   a   false   return    thereof 
shall  be  dismissed  from  the  service  and  suffer  such  other  punishment  :is  n  court  - 
martial  may  direct.     And  any  officer  who,  through  neglect  or  design,  omits  to 
render  such  return  shall  be  punished  as  a  court-martial   may   direct.— rifty- 
scventh  Article  of  War,  act  of  Aug.  29,  1916  (39  Stat.,  6t>0). 


PUBLIC   PROPERTY.  217 

1180.  Willful  loss,  damage,  etc. — Any  person  subject  to  military  law  who 
willfully,  or  through  neglect,  suffers  to  be  lost,  spoiled,  damaged,  or  wrong- 
fully disposed  of,  any  military  property  belonging  to  the  United  States  shall 
make  good  the  loss  or  damage  and  suffer  such  punishment  as  a  court-martial 
may  direct. — Eighty-third  Article  of  War,  ibid. 

1190.  Waste  or  itnlaivful  disposition  of  by  soldiers. — Any  soldier  who  sells 
or  wrongfully  disposes  of  or  willfully  or  through  neglect  injures  or  loses  any 
horse,   arms,   ammunition,   accouterments,   equipment,  clothing,  or  other  prop- 
erty issued  for  use  in  the  military  service,  shall  be  punished  as  a  court-martial 
may  direct. — Eighty-fourth  Article  of  War,  ibid. 

1191.  Unlawful  pur  phase  of  public  property. — Whoever  shall  knowingly  pur- 
chase or  receive  in  pledge  for  any  obligation  or  indebtedness  from  any  soldier, 
officer,  sailor,  or  other  person  called  into  or  employed  in  the  military  or  naval 
service,  any  arms,  equipments,  ammunition,  clothes,  military  stores,  or  other 
public  property,  whether  furnished  to  the  soldier,  sailor,  officer,  or  person,  under 
a  clothing  allowance  or  otherwice,  such  soldier,  sailor,  officer,  or  other  person 
not  having  the  lawful  right  to  pledge  or  sell  the  same,  shall  be  fined  not  more 
than  five  hundred  dollars  and  imprisoned  not  more  than  two  years. — Sec.  35, 
act  of  Mar.  .',,  J909   (35  Mat.,  1095). 

1191a.  Robbery  of  personal  property  of  United  States. — Whoever  shall  rob 
another  of  any  kind  or  description  of  personal  property  belonging  to  the  United 
States,  or  shall  feloniously  take  and  carry  away  the  same,  shall  be  fined  not 
more  than  five  thousand  dollars,  or  imprisoned  not  more  than  ten  years,  or 
both.— Sec.  1,6,  act  of  Afar.  4,  1909  (35  Stat.,  1097). 

1192.  Embezzling  clothing,  subsistence,  etc. — Whoever  shall  steal,  embezzle, 
or  knowingly  apply  to  his  own  use,  or  unlawfully  sell,  convey,  or  dispose  of  any 
ordnance,  arms,  ammunition,  clothing,  subsistence  stores,  money,  or  other  prop- 
erty of  the  United  States,  furnished  or  to  be  used  for  the  military  or  naval 
service,  shall  be  punished  as  prescribed  in  the  preceding  section. — Sec.  36,  ibid., 
p.  1096. 

1193.  Fraudulent  interference  with  delivery,  etc.,  of  prize  property.— Who- 
ever shall  willfully  do,  or  aid  ov  advise  in  the  doing,  of  any  act  relating  to  the 
bringing  in,  custody,  preservation,  sale,  or  other  disposition  of  any  property 
captured  as  prize,  or  relating  to  any  documents  or  papers  connected  with  the 
property,  or  to  any  disposition  or  other  document  or  paper  connected  with  the 
proceedings,  with  intent  to  defraud,  delay,  or  injure  the  United- States  or  any 
captor  or  claimant  of  such  property,  shall  be  fined  not  more  than  ten  thousand 
dollars,  or  imprisoned  not  more  than  five  years,  or  both. — Sec.  38,  ibid. 

1191.  Incendiarism. — Whoever  shall  maliciously  set  fire  to,  burn,  or  attempt 
to  burn,  or  by  any  means  destroy  or  injure,  or  attempt  to  destroy  or  injure,  any 
arsenal,  armory,  magazine,  ropewalk,  ship  house,  warehouse,  blockhouse,  or  bar- 
rack, or  any  storehouse,  barn  or  stable,  not  parcel  of  a  dwelling  house,  or  any 
other  building  not  mentioned  in  the  section  last  preceding,  or  any  vessel  built, 
building,  or  undergoing  repair,  or  any  lighthouse,  or  beacon,  or  any  machinery, 
timbe'r,  cables,  rigging,  or  other  materials  or  appliances  for  building,  repairing, 
or  fitting  out  vessels,  or  any  pile  of  wood,  boards,  or  other  lumber,  or  any  mili- 
tary, naval,  or  victualing  stores,  arms,  or  other  munitions  of  war,  shall  be  fined 
not  more  than  five  thousand  dollars  and  imprisoned  not  more  than  twonly 
years.— NYv.  -'N.7.  <n  t  of  Mar.  //.  IMW  (3.1  Mat..,  11. ////). 


218  PUBLIC  PEOPEKTT. 

SALES — TO    OFFICERS  AND    ENLISTED    MEN. 

1195.  Authority  for. — The  officers  of  the  Subsistence  Department  shall  pro- 
cure and  keep  for  sale  to  officers  and  enlisted  men  at  cost  price,  for  cash  or 
on  credit,  such  articles  as  may  from  time  to  time  be  designated  by  the  inspectors 
general  of  the  Army.    An  account  of  all  sales  on  credit  shall  be  kept,  and  the 
amounts   due   for    the    same    shall    be    reported    monthly    to    the    Paymaster 
General. — Sec.  1144,  R-  &• 

1196.  Purchase  of  subsistence  stores  for  sales,  etc. — So  much  of  the  appro- 
priation for  subsistence  of  the  Army  as  may  be  necessary  may  be  applied  to 
the  purchase  of  subsistence  stores  for  sale  to  officers  for  the  use  of  themselves 
and   their  families  and  to  commanders  of  companies  or  other  organizations 
for  the  use  of  the  enlisted  men.  of  their  companies  or  organizations. — Act  of 
Mar.  3,  1875  (18  Stat.,  410)  as  amended  by  act  of  Apr.  27,  1914  (38  Stat.,  361). 

1197.  Sale  of  subsistence  stores  at  cost  price. — Hereafter  all  sales  of  sub-' 
sistence  supplies  to  officers  and  enlisted  men  shall  be  made  at  cost  price  only; 
and  the  cost  price  of  each  article  shall  be  understood,  in  all  cases  of  such 
sales,  to  be  the  invoice  price  of  the  last  lot  of  that  article  received  by  the  officer 
making  the  sale  prior  to  the  first  day  of  the  month  in  which  the  sale  is  made, — 
Act  of  July  5,  1884  (23  Stat.,  108). 

1198.  Officers  serving  in  the  field,  sale  of  rations  to^ — Commissioned  officers 
of  the  Army,  serving  in  the  field,  may  purchase  rations  for  their  own  use,  from 
any  commissary  of  subsistence,  on  credit,  at  cost  prices;  and  the  amounts  due 
for  such  purchases   shall  be  reported  monthly   to  the  Paymaster  General. — 
Sec.  1145,  R.  S. 

1199.  Subsistence  stores;  officers  and  enlisted  men  of  the  Navy  and  Marine 
Corps. — Hereafter  the  officers  and  the  enlisted  men  of  the  Navy  and  Marine 
Corps  shall  be  permitted  to  purchase  subsistence  supplies  at  the  same  price 
as  is  charged  the  officers  and  the  enlisted  men  of  the  Army ;  and  the  officers 
and  the  enlisted  men  of  the  Army  shall  be  permitted  to  purchase  subsistence 
supplies  from  the  Navy  and  Marine  Corps  at  the  same  price  as  is  charged  the 
officers  and  the  enlisted  men  of  the  Navy  and  Marine  Corps. — Act  of  Aug.  29, 
1916  (39  Stat.,  630). 

1200.  Same. — Serviceable  quartermaster  stores. — Articles  of  serviceable  quar- 
termaster property  may  be  sold  by  the  Quartermaster  General  of  the  Army 
to  officers  of  the  Navy  and  Marine  Corps,  for  their  use  in  the  public  service, 
in  the  same  manner  as  these  articles  are  now  sold  to  officers  of  the  Army. — 
Sec.  1,  act  of  Mar.  4,  1915  (39  Stat.,  1079). 

1201.  Tobacco,  at  cost  price. — Tobacco  shall  be  furnished  to  the  enlisted  men 
by  the  commissaries  of  subsistence  at  cost  price,   exclusive  of  the  cost  of 
transportation,  in  such  quantities  as  they  may  require  not  exceeding  sixteen 
ounces  per  month. — Sec.  llJtQ  R.  S. 

SALES. 

1202.  Unserviceable,    etc.,   stores,    etc.,   authority   for. — The    President    may 
cause  to  be  sold  any  military  stores  which,  upon  proper  inspection  or  survey, 
appear  to  be  damaged  or  unsuitable  for  the  public  service.     Such  lnsi)ectio» 


PUBLIC   PROPERTY.  219 

or  survey  shall  be  made  by  officers  designated  by  the  Secretary  of  War,  and 
the  sales  shnll  be  made  under  regulations  prescribed  by  him.  —  Sec.  1241,  R.  8. 

1203.  Ordnance  and  ordnance  stores,  price  to  be  charged.  —  Hereafter  when 
authorized  transfers  or  sales  of  ordnance  or  ordnance  stores  are  made  to  an- 
other bureau  of  the  War  Department,  or  to  another  executive  department  of 
the  Government,  payment  therefor  shall  be  made  by  the  proper  disbursing  of- 
ficer of  the  bureau,  office,  or  department  concerned.     When  the  transaction  is 
between  two  bureaus  of  the  War  Department,  the  price  to  be  charged  shall 
be  the  cost  price  of  the  stores,  including  the  cost  of  inspection.     When  the  trans- 
action is  between  the  Ordnance  Department  and   another  executive  depart- 
ment of  the  Government,  the  price  to  be  charged  shall  include  the  cost  price 
of  the  stores  and  the  costs  of  inspection  and  transportation.  —  Act  of  Aug.  24, 
1912  (37  Stat.,  589). 

1204.  To  educational  institutions,  price  to  be  charged.  —  That,  under  such 
regulations  as  the  Secretary  of  War  may  prescribe,  •  educational  institutions  to 
which  an  officer  of  the  Army  is  detailed  as  professor  military  science  and  tac- 
tics may  purchase  from  the  War  Department  for  cash,  for  the  use  of  their 
military  students,  such  stores,  supplies,  material  of  war,  and  military  publica- 
tions as  are  furnished  to  the  Army,  such  sales  to  be  at  the  price  listed  to  the 
Army  with  the  cost  of  transportation  added.  —  Act  of  July  17,  1914   (38  Stat., 


1205.  Between  the  bureaus  of  the  War  and  Navy  Departments,  accounting 
for;  exchanges  permitted.  —  Hereafter  when  one  bureau  of  the  War  or  Navy  De- 
partments procures,  by  purchase  or  manufacture,  stores  or  material  of  any  kind 
or  performs  any  service  for  another  bureau  of  such  departments,  the  funds 
of  the  bureau  or  department  for  which  the  stores  or  material  are  to  be  pro- 
cured or  the  service  performed  may  be  placed  subject  to  the  requisition  of  the 
bureau  or  department  making  the  procurement  or  performing  the  service  for 
direct  expenditure  by  it:  Provided,  That  when  the  stores  being  procured  are 
for  current  issue  during  the  year  stores  of  equal  value  may  be  issued  from 
stock  on  hand  in  place  of  any  of  those  aforesaid.  —  Act  of  Mar.  4,  1915    (38 
Stat.,  1084). 

1206.  Subsistence  stores,   to   other  bureaus  and  departments,   price  to   be 
charged.  —  Hereafter   when  under  the  Army   Regulations  subsistence  supplies 
are  furnished  to  another  bureau  of  the  War  Department,  or  to  another  execu- 
tive department  of  the  Government  or  employees  thereof,  payment  therefor  shall 
be  made  in  cash  by  the  proper  disbursing  officer  of  the  bureau,  office,  or  depart- 
ment concerned,  or  by  the  employee  to  whom  the  sale  is  made.     When  the  trans- 
action is  between  two  bureaus  of  the  War  Department  the  price  to  be  charged 
shall  be  the  contract  or  invoice  price  of  the  supplies.     When  the  transaction  is 
between  the  Subsistence  Department  and  another  executive  department  of  the 
Government  or  employees  thereof,  the  price  to  be  charged  shall  include  the 
contract  or  invoice  price  and  ten  per  centum  additional  to  cover  wastage  in 
transit,  and  the  cost  of  transportation.  —  Act  of  Mar.  3,  1911   (36  Stat.,  1047). 

1207.  Horses  and  mules.  —  The  Secretary  of  War  is  hereby  authorized  upon 
the  approval  of  this  Act  to  sell  for  cash  at  either  public  or  private  sale  such 
horses  and  mules  ns  nre  not  needed  for  either  the  Regular  Army  or  the  Na- 
tional Guard,  and  the  proceeds  shall  be  turned  into  the  United  States  Treasury 
as  miscellaneous  receipts.  —  Act  of  May  12,  1917  (40  Stat.,  55). 


220  PUBLIC   PUBLICATIONS. 

PUBLIC  PUBLICATIONS. 

DISTRIBUTION   OF,  ETC. 

1208.  Departmental  distribution.  —  Government  publication  printed  for  or  re- 
ceived by  the  executive  departments,  whether  for  official  use  or  for  distribu- 
tion, shall  be  distributed  by  a  competent  person  detailed  to  such  duty  in  each 
department  by  the  head  thereof.     He  shall  keep  an  account  in  detail  of  all 
publications  received  and  distributed  by  him.    He  shall  prevent  duplication,  and 
make  detailed  report  to  the  head  of  the  department,  who  shall  transmit  the 
same  annually  to  Congress.  —  Sec.  92,  act  of  Jan.  12,  1895  (28  Stat.,  623). 

1209.  To  be  distributed  by  Public  Printer.  —  That  no  money  appropriated  by 
this  or  any  other  act  shall  be  used  after  the  first  day  of  October,  nineteen  hun- 
dred and  twelve,  for  services  in  any  executive  department  or  other  Government 
establishment  at  Washington,  District  of  Columbia,  in  the  work  of  addressing, 
wrapping,  mailing,  or  otherwise  dispatching  any  publication  for  public  distribu- 
tion, except  maps,  weather  reports,  and  weather  cards  issued  by  an  executive 
department   or   other   Government   establishment   at   Washington,   District   of 
Columbia,  or  for  the  purchase  of  material  or  supplies  to  be  used  in  such  work  ; 
and  on  and  after  October  first,  nineteen  hundred  and  twelve,  it  shall  be  the 
duty  of  the  Public  Printer  to  perform  such  work  at  the  Government  Printing 
Office.     Prior  to  October  first,  nineteen  hundred  and  twelve,  each  executive 
department  and  other  Government  establishment  at  Washington,  District  of 
Columbia,  shall  transfer  to  the  Public  Printer  such  machines,  equipment,  and 
materials  as  are  used  in  addressing,  wrapping,  mailing,  or  otherwise  dispatch- 
ing publications  ;  and  each  head  of  such  executive  department  and  other  Gov- 
ernment  establishment   at   Washington,    District   of   Columbia,    shall   furnish 
from  time  to  time  to  the  Public  Printer  mailing  lists,  in  convenient  form,  and 
changes  therein,  or  franked  slips,  for  use  in  the  public  distribution  of  publica- 
tions issued  by  such  department  or  establishment  ;  and  the  Public  Printer  shall 
furnish  copies  of  any  publication  only  in  accordance  with  the  provisions  of 
law  or  the  instruction  of  the  head  of  the  department  or  establishment  issuing 
the   publication.     The   employment   of   all   persons   in   the   several   executive 
departments  and  other  Government  establishments  at  Washington,  District  of 
Columbia,  wholly  in  connection  with  the  duties  herein  transferred  to  the  Public 
Printer,  or  whose  services  can  be  dispensed  with  or  devolved  upon  another 
because  of  such  transfer,  shall  cease  and  determine  on  or  before  the  first  day  of 
October,  nineteen  hundred  and  twelve,  and  their  salaries  or  compensation  shall 
lapse  for  the  remainder  of  the  fiscal  year  nineteen  hundred  and  thirteen  and  be 
covered  into  the  Treasury.     A  detailed  statement  of  all  machines,  equipment, 
and  material  transferred  to  the  Government  Printing  Office  by  operation  of  this 
provision  and  of  all  employments  discontinued  shall  be  submitted  to  Congress 
at  its  next  session  by  the  head  of  each  executive  department  and  other  Govern- 
ment establishments  at  Washington,  District  of  Columbia,  in  the  annual  esti- 
mates of  appropriations:  Provided,  That  nothing  in  this  section  shall  be  con- 
strued as  applying  to  orders,  instructions,  directions,  notices,  or  circulars  of 
information,  printed  for  and  issued  by  any  of  the  executive  departments  or 
other  Government  establishments  or  to  the  distribution  of  public  documents 
by  Senators  or  Members  of  the  House  of  Representatives  or  to  the  folding 
rooms  and  documents  rooms  of  the  Senate  or  House  of  Representatives.  —  NVr. 
8,  act  of  Aug.  23,  1912  (37  Stat., 


1210.  Exchange  of  documents.  —  Heads  of  departments  are  authorized  to  ex- 
change surplus  documents  for  such  other  documents   and  books  as  may   )>e 


PUBLIC   VEHICLES.  221 

required  by  them,  when  the  same  can  be  done  to  the  advantage  of  the  public 
service—Sec.  95,  act  of  Jan.  12,  1895  (28  Stat.,  623). 

1211.  Libraries  of  executive  departments  to  be  furnished  copies  of. — The 
libraries  of  the  eight  executive  departments,  of  the  United   States  Military 
Academy,  and  United  States  Naval  Academy,  are  hereby  constituted  designated 
depositories  of  Government  publications,  and  the  superintendent  of  documents 
.shall  supply  one  copy  of  said  publications,  in  the  same  form  as  supplies  to 
other   depositories,   to  each   of  said  libraries. — Sec.  98,   ibid. 

PUBLIC  RECORDS. 

DESTRUCTION,  FORGERY,  ETC.,  OF. 

1212.  Destroying,  etc.,  punishment  therefor^ — Whoever  shall  willfully  and 
unlawfully  conceal,  remove,  mutilate,  obliterate,  or  destroy,  or  attempt  to  con- 
ceal, remove,  mutilate,  obliterate,  or  destroy,  or,  with  intent  to  conceal,  remove, 
mutilate,  obliterate,  or  steal,  shall  take  or  carry  away  any  record,  proceeding, 
map,  book,  paper,  document,  or  other  thing,  filed  or  deposited  with  any  clerk 
or  officer  of  any  court  of  the  United  States,  or  in  any  public  office,  or  with  any 
judicial  or  public  officer  of  the  United  States,  shall  be  fined  not  more  than  two 
thousand  dollars  or  imprisoned  not  more  than  three  years,  or  both. — Sec.  128, 
act  of  Mar.  //,  1909  (35  Stat.,  1111). 

1213.  Destruction,  etc.,  by  officer  in  charge. — Whoever,  having  the  custody  of 
any  record,  proceeding,  map,  book,  document,  paper,  or  other  thing  specified  in 
the  preceding  section,  shall  willfully  and  unlawfully  conceal,  remove,  mutilate, 
obliterate,  falsify,  or  destroy  any  such  record,  proceeding,  map,  book,  document, 
paper,  or  thing,  shall  be  fined  not  more  than  two  thousand  dollars,  or  im- 
prisoned not  more  than  three  years,  or  both;  and  shall  moreover  forfeit  his 
office  and  be  forever  afterwards  disqualified  from  holding  any  office  under  the 
Government  of  the  United  States. — Sec.  129,  ibid.,  p.  1112. 

1214.  Forging  bonds,  bids,  public  records,  etc. — Whoever  shall  falsely  make, 
alter,  forge,  or  counterfeit,  or  cause  or  procure  to  be  falsely  made,  altered, 
forged,  or  counterfeited,  or  willingly  aid,  or  assist  in  the  false  making,  altering, 
forging,  or  counterfeiting,  any  bond,  bid,  proposal,  contract,  guaranty,  security, 
official  bond,  public  record,  affidavit,  or  other  writing  for  the  purpose  of  defraud- 
ing the  United  States ;  or  shall  utter  or  publish  as  true,  or  cause  to  be  uttered  or 
published  as  true,  any  such  false,  forged,  altered,  or  counterfeited  bond,  bid, 
proposal,  contract,  guaranty,  security,  official  bond,  public  record,  affidavit,  or 
other  writing,  f or  ^the  purpose  of  defrauding  the  United  States,  knowing  the 
same  to  be  false,  forged,  altered,  or  counterfeited;  or  shall  transmit  to,  or 
present  at,  or  cause  or  procure  to  be  transmitted  to,  or  presented  at,  the  office 
of  any  officer  of  the  United  States,  any  such  false,  forged,  altered,  or  counter- 
feited bond,  bid,  proposal,  contract,   guaranty,   security,  official  bond,   public 
record,  affidavit,  or  other  writing,  knowing  the  same  to  be  false,  forged,  altered, 
or  counterfeited,  for  the  purpose  of  defrauding  the  United   States,  shall  be 
fined  not  more  than  one  thousand  dollars,  or  imprisoned  not  more  than  ten 
years,  or  both. — See.  29,  ibid.,  p.  109  Jf. 

PUBLIC  TEHICLES. 

RESTRICTIONS    AS   TO    TSE    OF. 

1215.  Personal  use  of  prohibited. — No  part  of  any  money  appropriated  by 
this  or  any  other  act  shall  be  available  for  paying  expenses  of  horses  and  car- 
riages  or  drivors  therefor  for  the  personal  use  of  any  officer  provided  for  by  this 


222  PUBLIC   WORKS. 

or  any  other  act  than  the  President  of  the  United  States,  the  heads  of  the 
executive  departments,  and  the  Secretary  to  the  President :  Provided,  That  this 
provision  shall  not  apply  to  officials  outside  of  the  District  of  Columbia  in  the 
performance  of  their  public  duties.  This  paragraph  shall  not  take  effect  until 
July  first,  nineteen  hundred  and  four. — Sec.  3,  act  of  Mar.  18,  1904  (33 
Stat.,  142). 

1216.  Same — Restriction  on   payment  of   expenses. — Xo   part  of  any   money 
appropriated  by  this  or  any  other  act  shall  be  used  for  purchasing,  maintain- 
ing, driving,  or  operating  any  carriage  or  vehicle  (other  than  those  for  the  use 
of  the  President  of  the  United  States,  the  heads  of  the  executive  departments, 
and  the  Secretary  to  the  President,  and  other  than  those  used  for  transporta- 
tion of  property  belonging  to  or  in  the  custody  of  the  United  States),  for  the 
personal  or  official  use  of  any  officer  or  employee  of  any  of  the  executive  de- 
partments or  other  Government  establishments  at  Washington,  District  of  Co- 
lumbia, unless  the  same  shall  be  specifically  authorized  by  law  or  provided  for 
in  terms  by  appropriation  of  money,  and  all  such  carriages  and  vehicles  so 
procured  and  used  for  official  purposes  shall  have  conspicuously  painted  thereon 
at  all  times  the  full  name  of  the  executive  department  or  other  branch  of  the 
public  service  to  which  the  same  belong  and  in  the  service  of  which  the  saint* 
are  used.— Sec.  4,  act  of  Feb.  3,  1905  (33  Stat.,  687). 

PUBLIC  WOBKS. 

CONSTRUCTION,   ETC.,    O?   PUBLIC    BUILDINGS. 

1217.  Permanent  barracks  and  quarters. — Permanent  barracks  or  quarters 
and  buildings  and  structures  of  a  permanent  nature  shall  not  be  constructed 
unless  detailed  estimates  shall  have  been  previously  submitted  to  Congress,  and 
approved  by  a  special  appropriation  for  the  same,  except  when  constructed  by 
the  troops ;  and   no  such  structures,   the  cost  of  which  shall  exceed  twenty 
thousand  dollars,  shall  be  erected  except  by  special  authority  of  Congress.    It 
shall  be  the  duty  of  all  officers  of  the  United  States  having  any  of  the  title 
papers   (property  purchased,  or  about  to  be  purchased  for  erection  of  public 
buildings)  in  their  possession,  to  furnish  them  forthwith  to  the  Attorney  Gen- 
eral.   No  public  money  shall  be  expended  until  the  written  opinion  of  the 
Attorney  General  shall  be  had. — Sec.  1136,  R.  8.,  as  amended  by  act  of  Feb.  27, 
1877  (19  Stat.,  242). 

1218.  Expenditures  exceeding  five  hundred  dollars  to  be  made  by  contract, 
etc. — Hereafter  no  expenditures  exceeding  five  hundred  dollars  shall  be  made 
upon  any  building  or  military  post,  or  grounds  about  the -same,  without  the 
approval  of  the  Secretary  of  War  for  the  same,  upon  detailed  estimates  of  the 
Quartermaster's  Department,  and  the  erection,  construction,  and  repairs  of  all 
buildings  and  other  public  structures  in  the  Quartermaster's  Department  shall, 
so  far  as  may  be  practicable,  be  made  by  contract,  after  due  legal  advertise- 
ment—Act  of  Feb.  27,  1$93  (27  8tat.,  484). 

1219.  Limit  of  cost,  officers1  quarters,  etc. — Hereafter  no  money  appropriated 
for  military  posts  shall  be  expended  for  the  construction  of  quarters  for  officers 
of  the  Army,  or  for  barracks  and  quarters  for  the  Artillery,  the  total  cost  of 
which,  including  the  heating  and  plumbing  apparatus,  wiring  and  fixtures,  shall 
exceed  in  the  case  of  quarters  of  a  general  officer  the  sum  of  fifteen  thousand 
dollars;  of  a  colonel  or  an  officer  above  the  rank  of  captain,  twelve  thousand 
dollars;  and  of  an  officer  of  and  below  the  rank  <>f  captain,  nine  thousand  dol- 
lars.— Sec.  1,  a*-t  of  June  2-7,  1910  (3(>  xtal..  7.>D. 


PUBLIC   WORKS.  223 

1220.  Same — Officers'    quarters,   Philippine   Islands. — No   part   of   said   sum 
shall  be  expended  for  the  construction  of  quarters  for  officers  of  the  Army  the 
total  cost  of  which,  including  the  heating  and  plumbing  apparatus,  wiring  and 
fixtures,  shall  exceed  in  the  case  of  quarters  of  a  general  officer  the  sum  of 
eight  thousand  dollars;  of  a  colonel  or  officer  above  the  rank  of  captain,  six 
thousand  dollars ;   and  of  an  officer  of  and  below  the  rank  of  captain,  four 
thousand  dollars.     Barracks  and  quarters,  Philippine  Islands. — Act  of  Mar.  2, 
J913  (37  Stat.,  717).     See  also  annual  appropriation  arts. 

1221.  Quarters  for  hospital  stewards. — Hereafter  the  posts  at  which  such 
quarters  [for  hospital  stewards]  shall  be  constructed  shall  be  designated  by  the 
Secretary  of  War,  and  such  quarters  shall  be  built  by  contract,  after  legal 
advertisement,  whenever  the  same  is  practicable. — Act  of  Feb.  27,  1893   (27 
Stat.,  484). 

1222.  Contracts  not  to  exceed  appropriations  therefor. — Every  officer  of  the 
Government  who  knowingly  contracts  for  the  erection,  repair,  or  furnishing  of 
any  public  building,  or  for  any  public  improvement,  to  pay  a  larger  amount 
than  the  specific  sum  appropriated   for  such  purpose,   shall  be  punished  by 
imprisonment  not  less  than  six  months  nor  more  than  two  years,  and  shall  pay 
a  fine  of  two  thousand  dollars. — Sec.  5,503,  R.  S. 

1223.  Barracks  and  quarters,  Coast  Artillery. — For  the  construction  and  en- 
largement of  barracks  and  quarters  for  the  Coast  Artillery  and  of  other  build- 
ings in  connection  with  the  adopted  project  for  seacoast  defenses    *    *    *    dol- 
lars, including  the  installation  therein  of  plumbing,  and  the  heating  and  light- 
ing apparatus,  to  be  expended  as  in  the  judgment  of  the  Secretary  of  War 
may  be  necessary :  Provided,  That  no  part  of  this  sum  shall  be  used  for  the 
construction  of  officers'  quarters  to  cost  in  excess  of  the  limits  established 
in   the  sundry   civil   appropriation   act,    approved   May   twenty-seventh,   nine- 
teen hundred  and  eight. — Act  of  Mar.  4,  1909  (35  Stat.,  1003).    See  also  annual 
appropriation  acts. 

1224.  Barracks  and  quarters,  seacoast  defenses. — For  the  erection  of  bar- 
racks and  quarters  for  artillery  in  connection  with  the  project  adopted  for 
seacoast  defense  there  shall  not  hereafter  be  expended  at  any  one  point  more 
than  one  thousand  two  hundred  dollars  per  man  for  each  man  required  for 
one  relief  to  man  the  guns  at  the  post  up  to  eighty-three  men,  the  present 
permanent  strength  of  a  battery,   enlisted   and   commissioned,   and  for  each 
man  required  beyond   this  number  six  hundred  dollars  per  man,   from  any 
appropriation   made   by   Congress,    unless   special    authority   of   Congress   be 
granted  for  a  greater  expenditure. — Act  of  June  6,  1900  (31  Stat.,  624). 

1225.  Preference  to  be  given  American  material. — In  all  contracts  for  mate- 
rial for  any  public  improvement  the  Secretary  of  War  shall  give  preference 
to  American  material ;  and  all  labor  thereon  shall  be  performed  within  the 
jurisdiction  of  the  United  States.— Sec.  2,  act  of  Mar.  3,  1875  (18  Stat.,  455). 

1226.  Building  contract  not  to  exceed  appropriations. — No  contract  shall  be 
entered  into  for  the  erection,  repair,  or  furnishing  of  any  public  building,  or 
for  any  public  improvement  which  shall  bind  the  Government  to  pay  a  larger 
sum  of  money  than  the  amount  in  the  Treasury  appropriated  for  the  specific 
purpose. — Sec.  3733,  R.  S. 


224  PUBLIC   WOKKS. 

1227.  Same — Penalty. — Whoever,  being  au  officer  of  the  United  States,  shall 
knowingly  contract  for  the  erection,  repair,  or  furnishing  of  any  public  build- 
ing, or  for  any  public  improvement,  to  pay  a  larger  amount  than  the  specific 
sum  appropriated  for  such  purpose,  shall  be  fined  not  more  than  two  thousand 
dollars  arid  imprisoned  not  more  than  two  years. — See.  98,  act  of  Mar.  4>  1909 
(35  Stat.,  1106). 

1228.  Separate  contract  in  each  case. — Whenever  the  Secretary  of  War  in- 
vites proposals  for  any  works,  or  for  any  material  or  labor  for  works,  there 
shall  be  separate  proposals  and  separate  contracts  for  each  work,   and  also 
for  each  class  of  material  or  labor  for  each  work. — 'See.  3717,  R.  S. 

1229.  Equipment  of  bakehouses,  post  schools,  kitchens,  and  mess  halls. — For 
the  current  fiscal  year  and  thereafter  there  may  be  expended  from  the  appro- 
priation for  regular  supplies  the  amounts  required  for  the  necessary  equipments 
of  the  bakehouse  to  carry  on  post  bakeries ;  for  the  necessary  furniture,  text- 
books, paper,  and  equipments  of  the  post  schools;  for  the  tableware  and  mess 
furniture  for  kitchens  and  mess  halls;     *     *     *     each  and  all  for  use  of  the 
enlisted  men  of  the  Army. — Act  of  June  13,  1890   (26  Stat.,  152).     See  also 
annual  appropriation  acts. 

1230.  Military  post  exchanges. — For  continuing  the  construction,  equipment, 
and  maintenance  of  suitable  buildings  at  military  posts  and  stations  for  the 
conduct  of  the  post  exchange,  school  library,  reading,  lunch,  amusement  rooms, 
and  gymnasium,  including  repairs  to  buildings  erected  at  private  cost,  in  the 
operation  of  the  act  approved  May  thirty-first,  nineteen  hundred  and  two,  for 
the  rental  of  films,  purchase  of  slides,   supplies  for  and  making  repairs  .to 
moving-picture  outfits  and  for  similar  and  other  recreational  purposes  at  train- 
ing and  mobilization  camps  now  established,  or  which  may  be  hereafter  estab- 
lished, to  be  expended,  in  the  discretion  and  under  the  direction  of  the  Secretary 
of  War,    *     *     *    dollars:  Provided,  That  not  more  than  one  hundred  and 
twenty-five  thousand  dollars  of  this  appropriation  may  be  expended  for  per- 
sonal services  and  no  person  shall  be  employed  hereunder  at  a  rate  of  com- 
pensation   exceeding   one   thousand    eight   hundred    dollars    per    annum. — See 
annual  appropriation  acts. 

1231.  Shooting  galleries  and  ranges. — For  shelter,  shooting  galleries,  ranges 
for  small-arms  target  practice,  repairs,  and  expenses  incident  thereto,   such 
ranges  and  galleries  to  be  open,  as  far  as  practicable,  to  the  National  Guard 
and  organized  rifle  clubs  under  regulations  to  be  prescribed  by  the  Secretary 
of  War. — Act  of  Mar.  3,  1911   (36  Stat.,  1053).     See  also  annual  appropriation 
acts. 

1232.  Construction  and  repair  duties   to   be  performed  by  officers  of  the 
Quartermaster  Corps. — All  work  pertaining  to  construction  and  repair  that  has 
heretofore  been  done  by  or  under  the  direction  of  officers  of  the  Quartermaster 
Corps  shall,  except  as  otherwise  now  provided  by  laws  or  regulations,  hereafter 
be  done  by  or  under  the  direction  of  officers  of  said  corps. — Sec.  9,  act  of  June 
S,  1916  (39  Stat.,  171). 

1233.  Assistance  of  United  States  Geological  Survey  and  Coast  and  Geodetic 
Survey  authorized. — For  the  execution  of  topographic  or  other  surveys,   the 
securing  of  such  extra  topographic  data  as  may  be  required,  and  the  prepara- 
tion and  printing  of  maps  required  for  military  purposes,  to  be  immediately 


PUBLIC   WORKS.  225 

available  and  remain  available  until  December  thirty-first,  nineteen  hundred 
and  eighteen :  Provided,  That  the  Secretary  of  War  is  authorized  to  secure  the 
assistance,  wherever  practicable,  of  the  United  States  Geological  Survey,  the 
Coast  and  Geodetic  Survey,  or  other  mapping  agencies  of  the  Government  in 
this  work,  and  to  allot  funds  therefor  to  them  from  this  appropriation. — Act  of 
May  12,  1917  (40  Stat.,  62). 

EIGHT-HOUR  LAW  FOB  LABORERS  AND  MECHANICS. 

1234.  All  public  contracts  to  provide  for;  deduction  from  contract  of  amount 
of  penalties  for  violations;  right  of  action  in  Court  of  Claims. — That  every 
contract  hereafter  made  to  which  the  United   states,  any  Territory,  or  the 
District  of  Columbia  is  a  party,  and  every   such  contract  made  for  or  on 
behalf  of  the  United  States,  or  any  Territory,  or  said  District,  which  may 
require  or  involve  the  employment  of  laborers  or  mechanics  shall  contain  a 
provision  that  no  laborer  or  mechanic  doing  any  part  of  the  work  contemplated 
by  the  contract,  in  the  employ  of  the  contractor  or  any  subcontractor  con- 
tracting for  any  part  of  said  work  contemplated,  shall  be  required  or  permitted 
to  work  more  than  eight  hours  in  any  one  calendar  day  upon  such  work;  and 
every  such  contract  shall  stipulate  a  penalty  for  each  violation  of  such  pro- 
vision  in   such   contract   of   five   dollars   for   each   laborer   or   mechanic   for 
every   calendar   day    in   which   he   shall   be   required   or   permitted   to    labor 
more  than  eight  hours  upon  said  work;  and  any  officer  or  person  designated 
as  inspector  of  the  work  to  be  performed  under  any  such  contract,  or  to  aid 
in  enforcing  the  fulfillment  thereof,  shall,  upon  observation  or  investigation, 
forthwith  report  to  the  proper  officer  of  the  United  States,  or  of  any  Territory, 
or  of  the  District  of  Columbia,  all  violations  of  the  provisions  of  this  act  directed 
to  be  made  in  every  such  contract,  together  with  the  name  of  each  laborer 
or  mechanic  who  has  been  required  or  permitted  to  labor  in  violation  of  such 
stipulation  and  the  day  of  such  violation,  and  the  amount  of  the  penalties 
imposed  according  to  the  stipulation  in  any  such  contract  shall  be  directed 
to  be  withheld  for  the  use  and  benefit  of  the  United  States,  the  District  of 
•Columbia,  or  the  Territory  contracting  by  the  officer  or  person  whose  duty 
1t  shall  be  to  approve  the  payment  of  the  moneys  due  under  such  contract, 
whether  the  violation  of  the  provisions  of  such  contract  is  by  the  contractor  or 
any  subcontractor.     Any  contractor  or  subcontractor  aggrieved  by  the  with- 
holding of  any  penalty  as  hereinbefore  provided  shall  have  the  right  within 
six  months  thereafter  to  appeal  to  the  head  of  the  department  making  the 
contract  on  behalf  of  the  United  Staes  or  the  Territory,  and  in  the  case  of  a 
contract  made  by  the  District  of  Columbia  to  the  commissioner  thereof,  who 
shall  have  power  to  review  the  action  imposing  the  penalty,  and  in  all  such 
appeals  from  such  final  order  whereby  a  contractor  or  subcontractor  may  be 
Aggrieved  by  the  imposition  of  the  penalty  hereinbefore  provided  such  con- 
tractor or  subcontractor  may  within  six  months  after  decision  by  such  head 
of  a  department  or  the  Commissioners  of  the  District  of  Columbia  file  a  claim 
in  the  Court  of  Claims,  which  shall  have  jurisdiction  to  hear  and  decide  the 
matter  in  like  manner  as  in  other  cases  before  said  court. — Act  of  June  19, 
1912   (87  Stat,  137). 

1235.  Certain  contracts  excepted;  waiver  of  in  time  of  war,  etc. — That  noth- 
ing in  this  act  shall  apply  to  contracts  for  transportation  by  land  or  water,  or 
for  the  transmission  of  intelligence,  or  for  the  purchase  of  supplies  by  the 
Government,  whether  manufactured  to  conform  to  particular  specifications  or 
not,  or  for  such  materials  or  articles  as  may  usually  be  bought  in  open  market, 

49392—18 15* 


226  QUARTERMASTER   CORPS. 

except  armor  and  armor  plate,  whether  made  to  conform  to  particular  specifica- 
tions or  not,  or  to  the  construction  or  repair  of  levees  or  revetments  necessary 
for  protection  against  floods  or  overflows  on  the  navigable  waters  of  the  United 
States :  Provided,  That  all  classes  of  work  which  have  been,  are  now,  or  may 
hereafter  be  performed  by  the  Government  shall,  when  done  by  contract,  by 
individuals,  firms,  or  corporations  for  or  on  behalf  of  the  United  States  or  any 
of  the  Territories  or  the  District  of  Columbia,  be  performed  in  accordance  with 
the  terms  and  provisions  of  section  one  of  this  act.  The  President,  by  Execu- 
tive order,  may  waive  the  provisions  and  stipulations  in  this  act  as  to  any 
specific  contract  or  contracts  during  time  of  war  or  a  time  when  war  is  immi- 
nent, and  until  January  first,  nineteen  hundred  and  fifteen,  as  to  any  contract 
or  contracts  entered  into  in  connection  with  the  construction  of  the  Isthmian 
Canal.  No  penalties  shall  be  imposed  for  any  violation  of  such  provision  in 
such  contract  due  to  any  extraordinary  events  or  conditions  of  manufacture, 
or  to  any  emergency  caused  by  fire,  famine,  or  flood,  by  danger  to  life  or  to 
property,  or  by  other  extraordinary  event  or  condition  on  account  of  which  the 
President  shall  subsequently  declare  the  violation  to  have  been  excusable. 
Nothing  in  this  act  shall  be  construed  to  repeal  or  modify  the  act  entitled  "An 
act  relating  to  the  limitation  of  the  hours  of  daily  service  of  laborers  and  me- 
chanics employed  upon  the  public  works  of  the  United  States  and  of  the  Dis- 
trict of  Columbia,"  being  chapter  three  hundred  and  fifty-two  of  the  laws  of  the 
Fifty-second  Congress,  approved  August  first,  eighteen  hundred  and  ninety-two, 
as  modified  by  the  acts  of  Congress  approved  February  twenty-seventh,  nine- 
teen hundred  and  six,  and  June  thirtieth,  nineteen  hundred  and  six,  or  apply 
to  contracts  which  have  been  or  may  be  entered  into  under  the  provisions  of 
appropriation  acts  approved  prior  to  the  passage  of  this  act. — Sec.  2,  ibid. 
NOTE. — In  this  connection  see  also  section  3738,  Revised  Statutes. 

QUARTEBMASTEB  COBPS. 

ESTABLISHMENT  OF. 

1236.  Consolidation  of  Quartermaster's,  Subsistence,  and  Pay  Departments, 
etc. — The  office  establishments  of  the  Quartermaster  General,  the  Commissary 
General,  and  the  Paymaster  General  are  hereby  consolidated  and  shall  here- 
after constitute  a  single  bureau  of  the  War  Department,  which  shall  be  known 
as  the  Quartermaster  Corps,  and  of  which  the  Chief  of  the  Quartermaster 
Corps  created  by  this  act  shall  be  the  head.  The  Quartermaster's,  Subsistence, 
and  Pay  Departments  of  the  Army  are  hereby  consolidated  into  and  shall  here- 
after be  known  as  the  Quartermaster  Corps  of  the  Army.  The  officers  of  said 
departments  shall  hereafter  be  known  as  officers  of  said  corps  and  by  the  titles 
of  the  rank  held  by  them  therein,  and,  except  as  hereinafter  specifically  provided 
to  the  contrary,  the  provisions  of  sections  twenty-six  and  twenty-seven  of  the 
act  of  Congress  approved  February  second,  nineteen  hundred  and  one,  entitled 
"  An  act  to  increase  the  efficiency  of  the  permanent  military  establishment  of 
the  United  States,"  are  hereby  extended  so  as  to  apply  to  the  Quartermaster 
Corps  in  the  manner  and  to  the  extent  to  which  they  now  apply  to  the  Quarter- 
master's, Subsistence,  and  Pay  Departments,  and  the  provision  of  said  sections 
of  said  act  relative  to  chiefs  of  staff  corps  and  departments  shall,  so  far  as  they 
are  applicable,  apply  to  all  offices  and  officers  of  the  Quartermster  Corps  with 
rank  above  that  of  colonel.  The  officers  now  holding  commissions  as  officers 
of  the  said  departments  shall  hereafter  have  the  same  tenure  of  commission 
in  the  Quartermaster  Corps,  and  as  officers  of  said  corps  shall  have  rank  of 
the  same  grades  and  dates  as  that  now  held  by  him,  and,  for  the  purpose  of 


QUARTERMASTER   CORPS.  227 

filling  vacancies  among  them,  shall  constitute  one  list,  on  which  they  shall  be 
arranged  according  to  rank.  So  long  as  any  officers  shall  remain  on  said  list 
any  vacancy  occurring  therein  shall  be  filled,  if  possible,  from  among  such 
officers,  by  selection  if  the  vacancy  occurs  in  a  grade  above  that  of  colonel, 
and,  if  the  vacancy  occurs  in  a  grade  not  above  that  of  colonel,  by  the  promo- 
tion of  an  officer  who  would  have  been  entitled  to  promotion  to  that  particular 
vacancy  if  the  consolidation  of  departments  hereby  prescribed  had  never  oc- 
curred :  Provided,  That  on  and  after  the  first  day  of  January,  nineteen  hundred 
and  seventeen,  any  vacancies  occurring  among  officers  of  the  Quartermaster 
Corps  with  rank  above  that  of  colonel  may,  in  the  discretion  of  the  President, 
be  filled  by  selection  from  among  officers  who  shall  have  served  by  detail 
in  said  corps  for  not  less  than  four  years :  Provided  further,  That  not  to  ex- 
ceed six  officers  holding  commissions  with  the  rank  of  captain  in  the  Quarter- 
master Corps  and  who  have  lost  in  relative  rank  through  irregularities  of 
promotion  and  the  operation  of  separate  promotion  within  the  three  departments 
hereby  consolidated  may,  in  the  discretion  of  the  President  and  subject  to 
examination  for  promotign  as  prescribed  by  law,  be  advanced  to  the  grade 
of  major  in  the  Quartermaster  Corps,  and  any  officer  who  shall  be  advanced 
to  said  grade  under  the  terms  of  this  proviso  shall  be  temporarily  an  addi- 
tional officer  of  said  grade  but  only  until  a  vacancy  shall  occur  for  him  on  the 
list  of  officers  of  said  grade  as  hereafter  limited ;  and  no  officer  shall  be  detailed 
to  fill  any  vacancy  on  the  list  of  majors  of  the  Quartermaster  Corps  until  after 
all  additional  officers  authorized  by  the  proviso  shall  have  been  absorbed.  The 
noncommissioned  officers  now  known  as  post  quartermaster  sergeants  and  post 
commissary  sergeants  shall  hereafter  be  known  as  quartermaster  sergeants; 
paymasters'  clerks  shall  be  known  as  pay  clerks,  and  each  of  said  noncommis- 
sioned officers  and  pay  clerks  shall  continue  to  have  the  pay,  allowances,  rights, 
and  privileges  now  allowed  him  by  law:  Provided  further,  That  no  details  to 
fill  vacancies  in  the  grade  of  colonel  in  the  Quartermaster  Corps  shall  be  made 
until  the  number  of  officers  of  that  grade  shall  have  been  reduced  by  three, 
and  thereafter  the  number  of  officers  in  that  grade  shall  not  exceed  twelve; 
and  no  details  to  fill  vacancies  in  the  grade  of  lieutenant  colonel  in  the 
Quartermaster  Corps  shall  be  made  until  the  number  of  officers  of  that  grade 
shall  have  been  reduced  by  three,  and  thereafter  the  number  of  officers  of 
that  grade  shall  not  exceed  eighteen;  and  no  details  to  fill  vacancies  in  the 
grade  of  major  in  the  Quartermaster  Corps  shall  be  made  until  the  number  of 
Officers  of  that  grade  shall  have  been  reduced  by  nine,  and  thereafter  the  num- 
ber of  officers  in  said  grade  shall 'not  exceed  forty-eight;  and  no  details  to  fill 
vacancies  in  the  grade  of  captain  in  the  Quartermaster  Corps  shall  be  made 
until  after  the  number  of  officers  of  that  grade  shall  be  reduced  by  twenty-nine, 
and  thereafter  the  number  of  officers  of  said  grade  shall  not  exceed  one  hundred 
and  two ;  and  whenever  the  separation  of  a  line  officer  of  any  grade  and  arm 
from  the  Quartermaster  Corps  shall  create  therein  a  vacancy  that  under  the 
terms  of  this  proviso  can  not  be  filled  by  detail  such  separation  shall  operate 
to  make  a  permanent  reduction  of  one  in  the  total  number  of  officers  of  said 
grade  and  arm  in  the  line  of  the  Army  as  soon  as  such  reduction  can  be  made 
without  depriving  any  officer  of  his  commission :  Provided  further,  That  when- 
ever the  Secretary  of  War  shall  decide  that  it  is  necessary  and  practicable, 
regimental,  battalion,  and  squadron  quartermasters  and  commissaries  shall  be 
required  to  perform  any  duties  that  junior  officers  of  the  Quartermaster  Corps 
may  properly  be  required  to  perform,  and  regimental  and  battalion  quartermaster 
and  commissary  sergeants  shall  be  required  to  perform  any  duties  that  non- 
commissioned officers  or  pay  clerks  of  the  Quartermaster  Corps  may  properly 
be  required  to  perform,  but  such  regimental,  battalion,  and  squadron  quarter- 


228  QUARTERMASTER   CORPS. 

masters  and  commissaries  shall  not  be  required  to  receipt  for  any  money  or 
property  which  does  not  pertain  to  their  respective  regiments,  battalions,  or 
squadrons,  and  they  shall  not  be  separated  .from  the  organization  to  which  they 
belong:  Provided  further,  That  such  duty  or  duties  as  are  now  required  by 
law  to  be  performed  by  any  officer  or  officers  of  the  Quartermaster's,  Sub- 
sistence, or  Pay  Departments  shall  hereafter  be  performed  by  such  officer  or 
officers  of  the  Quartermaster  Corps  as  the  Secretary  of  War  may  designate  for 
the  purpose:  Provided  further,  That  there  shall  be  a  Chief  of  the  Quarter- 
master Corps,  who  shall  have  the  rank  of  major  general  while  so  serving, 
and  who  shall  be  appointed  by  the  President,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  from  among  the  officers  of  said  corps  and  in  accordance  wTith 
the  requirements  of  section  twenty-six  of  the  act  of  Congress  approved  Feb- 
ruary second,  nineteen  hundred  and  one,  hereinbefore  cited:  Provided  fur- 
ther. That  when  the  first  vacancy  in  the  grade  of  brigadier  general  in  the 
Quartermaster  Corps,  except  a  vacancy  caused  by  the  expiration  of  a  limited 
term  of  appointment,  shall  hereafter  occur  that  vacancy  shall  not  be  filled, 
but  the  office  in  which  the  vacancy  occurs  shall  immediately  cease  and  deter- 
mine: Provided  further,  That  the  Quartermaster  Corps  shall  be  subject  to 
the  supervision  of  the  Chief  of  Staff  to  the  extent  the  departments  hereby  con- 
solidated into  said  corps  have  heretofore  been  subject  to  such  supervision 
under  the  terms  of  the  existing  law :  And  provided  further,  That  for  the  pur- 
pose of  carrying  into  effect  the  provisions  of  this  section  the  President  is 
hereby  authorized  to  appoint,  by  and  with  the  advice  and  consent  of  the 
Senate,  the  Chief  of  the  Quartermaster  Corps  herein  provided  for  immediately 
upon  the  passage  of  this  act,  and  it  shall  be  the  duty  of  the  said  chief,  under 
the  direction  of  the  President  and  the  Secretary  of  War,  to  put  into  effect 
the  provisions  of  this  section  not  less  than  sixty  days  after  the  passage  of  this 
act— Act  of  Aug.  24,  1912  (37  Stat.,  591). 

1237.  Change  in  designation  of  Chief  of. — Hereafter  the  title  of  the  Chief 
of  the  Quartermaster  Corps  shall  be  Quartermaster  General  of  the  Army. — 
Act  of  Apr.  27,  1914   (38  Stat.,  356). 

1238.  Certain  civilian  e-mployees  and  all  enlisted  men  of  the  line  detailed 
on  extra  duty  to  be  replaced  by  enlisted  men  of  the  Corps;  composition  of, 
etc. — That  as  soon  as  practicable  after  the  creation  of  a  Quartermaster  Corps 
in  the  Army  not  to  exceed  four  thousand  civilian  employees  of  that  corps, 
receiving  a  monthly  compensation  of  not  less  than  thirty  dollars   nor  more 
than  one  hundred  and  seventy-five  dollars  each,  not  including  civil  engineers, 
superintendents   of   construction,    inspectors   of   clothing,    clothing   examiners, 
inspectors  of  supplies,  inspectors  of  animals,  chemists,  veterinarians,   freight 
and  passenger  rate  clerks,  civil-service  employees,  and  employees  of  the  classi- 
fied service,  employees  of  the  Army  transport  service  and  harbor-boat  serv- 
ice, and  such  other  employees  as  may  be  required  for  technical  work,  shall 
be  replaced  permanently  by  not  to  exceed  an  equal  number  of  enlisted  men 
of  said  corps,  and  all  enlisted  men  of  the  line  of  the  Army  detailed  on  extra 
duty  in  the  Quartermaster  Corps  or  as  bakers  or  assistant  bakers  shall  be 
replaced  permanently  by  not  to  exceed   two  thousand  enlisted   men  of  said 
corps ;  and  for  the  purposes  of  this  act  the  enlistment  in  the  military  service 
of  not  to  exceed  six  thousand  men,   who  shall  be  attached  permanently   to 
the  Quartermaster  Corps  and  who  shall  not  be  counted  as  a  part  of  the  en- 
listed force  provided  by  law,  is  hereby  authorized :  Provided,  That  the  enlisted 
force  of  the  Quartermaster  Corps  shall  consist  of  not  to  exceed  fifteen  nuistcr 
electricians,   six  hundred  sergeants    ('first-class),   one  thousand   and   five  ser- 


QUARTERMASTER  CORPS.  229 

geants,  six  hundred  and  fifty  corporals,  two  thousand  and  fi've  hundred  pri- 
vates (first-class),  one  thousand  one  hundred  and  ninety  privates,  and  forty- 
five  cooks,  all  of  whom  shall  receive  the  same  pay  and  allowances  as  en- 
listed men  of  corresponding  grades  in  the  Signal  Corps  of  the  Army,  and 
shall  be  assigned  to  such  duties  pertaining  to  the  Quartermaster  Corps  as 
the  Secretary  of  War  may  prescribe:  Provided  further,  That  the  Secretary  of 
War  may  fix  the  limits  of  age  within  which  civilian  employees  who  are  actu- 
ally employed  by  the  Government  when  this  act  takes  effect  and  who  are 
to  be  replaced  by  enlisted  men  under  the  terms  of  this  act  may  enlist  in  the 
Quartermaster  Corps:  Provided  further,  That  nothing  in  this  section  shall  be 
held  or  construed  so  as  to  prevent  the  employment  of  the  class  of  civilian 
employees  excepted  from  the  provisions  of  this  act  or  the  continued  employ- 
ment of  civilians  included  in  the  act  until  such  latter  employees  have  been 
replaced  by  enlisted  men  of  the  Quartermaster  Corps. — Act  of  Aug.  24,  1912 
(37  Stat.,  593). 

1239.  Pay  clerics;  no  further  appointments. — Hereafter  no  further  appoint- 
ments of  pay  clerks  shall  be  made. — Act  of  Mar.  2,  1913  (37  Stat.,  708). 

1240.  Enlisted  force;  pay  and  alloirances,  etc. — The  enlisted  force  of  the 
Quartermaster   Corps   shall   consist   of  not   to   exceed   fifteen   master   electri- 
cians,   three   hundred   and   eighty   sergeants    (first-class),    one   thousand   two 
hundred  and  forty  sergeants,  six  hundred  corporals,  two  thousand  nine  hun- 
dred and  twenty  privates   (first-class),  seven  hundred  and  fifty  privates,  and 
ninety-five  cooks,  all  of  whom  shall  receive  the  same  pay  and  allowances  as 
enlisted  men  of  corresponding  grades  in  the  Signal  Corps  of  the  Army,  and 
shall  be  assigned  to  such  duties  pertaining  to  the  Quartermaster  Corps  as 
the  Secretary  of  War  may  prescribe. — Act  of  Mar.  Jt,  1915   (38  Stat.,  1066). 
(See  par.  12J/5.) 

COMPOSITION  OF. 

1241.  Officers  of. — The  Quartermaster  Corps  shall   consist  of  one  Quarter- 
master General  with  the  rank  of  major  general ;  two  assistants  to  the  Quarter- 
master  General   with   the   rank   of   brigadier   general;    twenty-one   colonels; 
twenty-four  lieutenant  colonels;  sixty-eight  majors;  one  hundred  and  eighty 
captains ;  and  the  pay  clerks  now  in  active  service,  who  shall  hereafter  have  the 
rank,  pay,  and  allowances  of  a  second  lieutenant,  and  the  President  is  hereby 
authorized  to  appoint  and  commission  them,  by  and  with  the  advice  and  consent 
of  the  Senate,  second  lieutenants  in  the  Quartermaster  Corps,  United  States 
Army.— Sec.  9,  act  of  June  3,  1916  (39  Stat.,  170). 

1242.  Reserve  Corps  and  National  Army;   commissions   to   grade  of  first 
and  second  lieutenant. — That  during  the  existing  emergency  the  President  is 
authorized,  in  addition  to  the  grades  now  authorized,  to  appoint  in  the  Officers' 
Reserve  Corps  and  the  National  Army  in  the  grades  of  second  and  first  lieuten- 
ant in  the  Quartermaster  Corps,     *     *     *     such   citizens  as   shall  be  found 
physically,  mentally,  and  morally  qualified  for  appointment. — Act  of  Oct.  6, 
1917  (40  Stat.,  393). 

1243.  Promotions  in  staff  corps  and  departments. — That  so  long  as  there 
remain  any  officers  holding  permanent  appointments  in  the      *     *     *     Quarter- 
master's   Department,    the    Subsistence    Department,    the    Pay    Department 
*     *     *     including  those  appointed  to  original  vacancies  in  the  grades  of  cap- 
tain and  first  lieutenant  under  the  provisions  of  sections  sixteen,  seventeen, 


230  QUARTERMASTER   CORPS. 

twenty-one,  and  twenty-four  of  this  act,  they  shall  be  promoted  according  to 
seniority  in  the  several  grades,  as  now  provided  by  law,  and  nothing  herein  con- 
tained shall  be  deemed  to  apply  to  vacancies  which  can  be  filled  by  such  pro- 
motions or  to  the  periods  for  which  the  officers  so  promoted  shall  hold  their 
appointments.— Sec.  26,  act  of  Feb.  2,  1901  (31  Stat.,  755). 

1244.  Vacancies;  to  be  filled  by  details. — When  any  vacancy,  except  that 
of  the  chief  of  the  department  or  corps,  shall  occur  which  can  not  be  filled  by 
promotion  as  provided  in  this  section,  it  shall  be  filled  by  detail  from  the  line 
of  the  Army,  and  no  more  permanent  appointments  shall  be  made  in  those  de- 
partments or  corps  after  the  original  vacancies  created  by  this  act  shall  have 
been  filled.    Such  details  shall  be  made  from  the  grade  in  which  the  vacancies 
exist,  under  such  system  of  examination  as  the  President  may  from  time  to 
time  prescribe. — Ibid. 

1245.  Enlisted   men    of,    grades,    etc. — The    total    enlisted    strength    of   the 
Quartermaster  Corps  and  the  number  in  each  grade  shall  be  limited  and  fixed 
from  time  to  time  by  the  President  in  accordance  with  the  needs  of  the  Army, 
and  shall   consist   of   quartermaster   sergeants,   senior   grade;    quartermaster 
sergeants;  sergeants,  first  class;   sergeants;  corporals;  cooks;  privates,  first 
class :  and  privates.    The  number  in  the  various  grades  shall  not  exceed  the  fol- 
lowing percentages  of  the  total  authorized  enlisted  strength  of  the  Quartermaster 
Corps,  namely :  Quartermaster  sergeants,  senior  grade,  five-tenths  of  one  per 
centum ;  quartermaster  sergeants,  six  per  centum ;  sergeants,  first  class,  two 
and  five-tenths  per  centum;  sergeants,  twenty-five  per  centum;  corporals,  ten 
per  centum ;  privates,  first  class,  forty -five  per  centum ;  privates,  nine  per  cen- 
tum; cooks,  two  per  centum. — Ibid. 

1246.  Quartermaster  sergeants,  senior  grade;  former  master  electricians  to  be 
known  as. — The  master  electricians  now  authorized  by  law  for  the  Quarter- 
master Corps  shall  hereafter  be  known  as   quartermaster   sergeants,   senior 
grade,  and  shall  be  included  in  the  number  of  quartermaster  sergeants,  senior 
grade,  herein  authorized. — Ibid. 

1247.  Quartermaster   sergeants,   selection  of. — Hereafter   the   Secretary   of 
War  is  authorized  to  appoint     *     *     *     quartermaster  sergeants,  Quartermas- 
ter Corps,  not  to  exceed  the  number  provided  for  by  law,     *     *     *     said  quar- 
termaster sergeants  to  be  selected  from  the  most  competent  noncommissioned 
officers  of  the  Army,  who  shall  have  served  therein  at  least  five  years,  three 
years  of  such  service  having  been  rendered  as  noncommissioned  officers,  and 
whose  character  and  education  shall  fit  them  to  take  charge  of  public  property 
and  to  act  as  clerks  and  assistants  to  the  proper  officers  of  the  Army  in  charge 
of  public  property.— Act  of  Mar.  4, 1915  (88  Stat.,  1066). 

THE  QUARTERMASTER  GENERAL  OF  THE  ARMY. 

DUTIES  OF. 

1248.  On  receipt  of  monthly  report  of  chief  clerk. — Each  head  of  a  depart- 
ment, chief  of  a  bureau,  or  other  superior  officer  shall,  upon  receiving  each 
monthly  report  of  his  chief  clerk,  rendered  in  pursuance  to  the  preceding  sec- 
tion, examine  the  facts  stated  therein,  and  take  such  measures,  in  the  exercise 
of  the  powers  conferred  upon  him  by  law,  as  may  be  necessary  and  proper  to 
amend  any  existing  defects  in  the  arrangement  or  dispatch  of  business  disclosed 
by  such  report. — Sec.  175,  R.  S. 


RENTALS.  231 

1249.  Statement  to  be  rendered  annually  as  to  condition  of  business,  etc. — 
It  shall  be  the  duty  of  the  head  of  each  executive  department  or  other  Govern- 
ment establishment  in  the  city  of  Washington  to  submit  to  the  first  regular 
session  of  the  Fifty-fourth  Congress,  and  annually  thereafter,  in  the  Annual 
Book  of  Estimates,  a  statement  as  to  the  condition  of  business  in  his  depart- 
ment or  other  Government  establishment,  showing  whether  any  part  of  the 
same  is  in  arrears,  and  if  so,  in  what  divisions  of  the  respective  bureaus  and 
offices  of  his  department  or  other  Government  establishment  such  arrears  exist, 
the  extent  thereof,  and  the  reasons  therefor,  and  also  a  statement  of  the  num- 
ber and  compensation  of  employees  appropriated  for  in  one  bureau  or  office  who 
have  been  detailed  to  another  bureau  or  office  for  a  period  exceeding  one  year. — 
Sec.  7,  act  of  Mar.  2,  1895  (28  Stat.,  808). 

1250.  Statement  to  be  rendered  annually  as  to  number  of  employees,  etc. — 
Hereafter  it  shall  be  the  duty  of  the  heads  of  the  several  executive  departments, 
of  the  Government  to  report  to  Congress  each  year  in  the  annual  estimates  the 
number  of  employees  in  each  bureau  and  office  and  the  salaries  of  each  who 
are  below  a  fair  standard  of  efficiency. — Sec.  2,  act  of  July  11,  1890  (26  Stats., 
268). 

• 

1251.  Regulations  for  government  of  corps  to  be  prescribed  by. — The  head 

of  each  department  is  authorized  to  prescribe  regulations,  not  inconsistent  with 
law,  for  the  government  of  his  department,  the  conduct  of  its  officers  and 
clerks,  the  distribution  and  performance  of  its  business,  and  the  custody,  use, 
and  preservation  of  the  records,  papers,  and  property  appertaining  to  it. — Sec. 
161,  R.  S. 

1252.  Statement  of  traveling  expenses  of  officials. — It  shall  be  the  duty 
of  the  head  of  each  executive  department  and  other  Government  establishment 
at  Washington  to  submit  to  Congress  at  the  beginning  of  each  regular  session 
a  statement  showing  in  detail  what  officers  or  employees   (other  than  special 
agents,  inspectors,  or  employees  who  in  the  discharge  of  their  regular  duties 
are  required  to  constantly  travel)  of  such  executive  department  or  other  Gov- 
ernment establishment  have  traveled  on  official  business  from  Washington  to 
points  outside  of  the  District  of  Columbia  during  the  preceding  fiscal  year,  giv- 
ing in  each  case  the  full  title  of  the  official  or  employee,  the  destination  or 
destinations  of  such  travel,  the  business  or  work  on  account  of  which  the  same 
was  made,  and  the  total  expense  to  be  United  States  charged  in  each  case. — 
Sec.  4,  act  of  May  22,  1908  (35  Stat.,  244). 

1258.  Accommodations  for  horses,  carriages,  etc.,  of  President  to  be  pro- 
vided by. — The  Quartermaster  General  of  the  Army  shall  provide  suitable 
accommodations  for  the  horses,  carriages,  and  other  vehicles  of  the  President 
and  of  the  Executive  Office,  in  the  stables  maintained  in  the  District  of  Colum- 
bia by  and  for  the  use  of  his  department. — Sec.  1,  act  of  Mar.  4,  1911  (86 
Stat.,  1404). 

RENTALS. 

BUILDINGS   FOR   PUBLIC   USE. 

1254:.  In  the  District  of  Columbia. — Where  buildings  are  rented  for  public 
use  in  the  District  of  Columbia,  the  executive  departments  are  authorized,  when- 
ever it  shall  be  advantageous  to  the  public  interest,  to  rent  others  in  their 
stead :  Provided,  That  no  increase  in  the  number  of  buildings  now  in  use,  nor  in 
the  amounts  paid  for  rents,  shall  result  therefrom. — Sec.  1,  act  of  Aug.  5,  1882 
(22  Stat.,  241). 


232  TELEPHONE   AND   TELEGRAPH    SERVICE. 

1255.  Restriction. — Must  be  appropriated  for  in  each  case. — Hereafter  no 
contract  shall  be  made  for  the  rent  of  any  building,  or  part  of  any  building,  to  be 
used  for  the  purposes  of  the  Government  in  the  District  of  Columbia,  until  an 
appropriation  therefor  shall  have  been  made  in  terms  by  Congress,  and  that  this 
clause  be  regarded  as  notice  to  all  contractors  or  lessors  of  any  such  building  or 
any  part  of  building.— Act  of  Mar.  3,  1877  (19  Stat.,  370). 

1255a.  Statement  to  be  rendered  annually. — It  shall  be  the  duty  of  the  heads 
of  the  several  executive  departments  to  submit  to  Congress  each  year,  in  the 
annual  estimates  of  appropriations,  a  statement  of  the  number  of  buildings 
rented  by  their  respective  departments,  the  purpose  for  which  rented,  and  the 
annual  rental  of  each.— Sec.  1,  act  of  Mar.  3,  1883  (22  Stat.,  552). 

1256.  Same. — That  hereafter  it  shall  be  the  duty  of  the  Secretary  of  the 
Treasury  to  cause  to  be  prepared  and  submitted  to  Congress  each  year  in  the 
annual  Book  of  Estimates  of  appropriations,  a  statement  of  the  buildings  rented 
within  the  District  of  Columbia  for  the  use  of  the  Government,  the  purpose  for 
which  rented,  and  the  annual  rental  of  each. — Sec.  1,  act  of  July  16,  1892  (27 
Stat.,  199). 

1257.  Statement  to  include  details  of  floor  space,  etc. — Hereafter  the  state- 
ment of  buildings  rented  within  the  District  of  Columbia  for  use  of  the  Govern- 
ment, required  by  the  act  of  July  sixteen,  eighteen  hundred  and  ninety-two 
(Statutes  at  Large,  volume  twenty-seven,  page  one  hundred  and  ninety-nine), 
shall  indicate  as  to  each  building  rented  the  area  thereof  in  square  feet  of  avail- 
able floor  space  for  Government  uses,  the  rate  paid  per  square  foot  for  such 
floor  space,  the  assessed  valuation  of  each  building,  and  what  proportion,  if  any, 
of  the  rental  paid  includes  heat,  light,  elevator,  or  other  service. — Sec.  3,  act  of 
May  1,  1913  (38  Stat.,  3). 

TELEPHONE  AND  TELEGRAPH  SERTICE. 

1258.  Government  to  have  priority  in  transmission  of  messages. — Telegrams 
between  the  several  departments  of  the  Government  and  their  officers  and 
agents,  in  their  transmission  over  the  lines  of  any  telegraph  company  to  which 
has  been  given  the  right  of  way,  timber,  or  station  lands  from  the  public  do- 
main shall  have  priority  over  all  other  business,  at  such  rates  as  the  Post- 
master General  shall  annually  fix.    And  no  part  of  any  appropriation  for  the 
several  Departments  of  the  Government  shall  be  paid  to  any  company  which 
neglects  or  refuses  to  transmit  such  telegrams  in  accordance  with  the  provis- 
ions of  this  section. — Sec.  5266,  R.  S. 

1259.  Expenditures  for,  in  private  residences  restricted. — That  no  money 
appropriated  by  this  or  any  other  act  shall  be  expended  for  telephone  service 
installed  in  any  private  residence  or  private  apartment  or  for  tolls  or  other 

'  Charges  for  telephone  service  from  private  residences  or  private  apartments,  ex- 
cept for  long-distance  telephone  tolls  required  strictly  for  the  public  business, 
and  so  shown  by  vouchers  duly  sworn  to  and  approved  by  the  head  of  the  de- 
partment, division,  bureau,  or  office  in  which  the  official  using  such  telephone  or 
incurring  the  expense  of  such  tolls  shall  be  employed. — Sec.  7,  act  of  Aug.  23, 
1912  (37  Stat.,  414). 


TRANSPORTATION.  233 

TEMPORARY  YACANCIES. 

CHIEFS  OF  BUREAUS,  SECRETARY  OF  WAR,  ETC. 

1260.  Chiefs  of   bureaus. — In   case  of  the  death,   resignation,   absence,  or 
sickness  of  the  chief  of  any  bureau,  or  of  any  officer  thereof,  whose  appoint- 
ment is  not  vested  in  the  head  of  the  department,  the  assistant  or  deputy  of 
such  chief  or  of  such  officer,  or  if  there  be  none,  then  the  chief  clerk  of  such 
bureau,  shall,  unless  otherwise  directed  by  the  President,  as  provided  by  sec- 
tion one  hundred  and  seventy-nine,  perform  the  duties  of  such  chief  or  of 
such  officer  until  a  successor  is  appointed  or  such  absence  or  sickness  shall 
cease.— Sec.  178,  R.  S. 

1261.  Secretary  of  War. — The  President  may  authorize  and  direct  the  Com- 
manding General  of  the  Army  or  the  chief  of  any  military  bureau  of  the  War 
Department  to  perform  the  duties  of  the  Secretary  of  War  under  the  provi- 
sions of  section  one  hundred  and  seventy-nine  of  the  Revised   Statutes,  and 
section  twelve  hundred  ana  twenty-two  of  the  Revised  Statutes  shall  not  be 
held  or  taken  to  apply  to  the  officer  so  designated  by  reason  of  his  temporarily 
performing  such  duties.— Sec.  1,  act  of  Aug.  5,  1882  (22  Stat.,  238). 

1262.  Attorney  General. — In  any  of  the  cases  mentioned  in  the  two  pre- 
ceding sections,  except  the  death,  resignation,  absence,  or  sickness  of  the  Attor- 
ney General,  the  President  may,   in  his  discretion,  authorize  and  direct  the 
head  of  any  other  department  or  any  other  officer  in  either  department,  whose 
appointment  is  vested  in  the  president,  by  and  with  the  advice  and  consent 
of  the  Senate,  to  perform  the  duties  of  the  vacant  office  until  a  successor  is 
appointed    or   the    sickness   or    absence   of   the    incumbent   shall   cease. — Sec. 

no,  R.  s. 

1263.  Limited  to  thirty  days. — A  vacancy  occasioned  by  death  or  resignation 
must  not  be  temporarily  filled  under  the  three  preceding  sections  for  a  longer 
period  than  thirty  days. — Sec.  180,  R.  S.,  as  amended  by  act  of  Feb.  6,  1891 
(26  Stat.,  733). 

1264.  Extra  compensation   not   allowed. — An   officer  performing   the   duties 
of  another  office,  during  a  vacancy,  is  authorized  by  sections  one  hundred  and 
seventy-seven,  one  hundred  and  seventy-eight   (Rev.  Stat.),  and  one  hundred 
and  seventy-nine  (id.),  is  not  by  reason  thereof  entitled  to  any  other  compensa- 
tion than  that  attached  to  his  proper  office. — Sec.  182,  R.  S. 

TRANSPORTATION. 

THE    ARMY   AND   ITS   SUPPLIES. 

1265.  Transportation  of  troops,  etc.,  Secretary  of  War  to  have  control,  etc., 
of. — The  transportation  of  troops,  munitions  of  war,  equipments,  military  prop- 
erty, and  stores,  throughout  the  United  States,  shall  be  under  the  immediate 
control  and  supervision  of  the  Secretary  of  War  and  sucli  agents  as  he  may 
appoint. — Sec.  220,  R.  S. 

1266.  Appropriation  for. — For  transportation  of  the  Army  and  its  supplies, 
including  transportation  of  the  troops  when  moving  either  by  land  or  water, 
and  of  their  baggage,  including  the  cost  of  packing  and  crating;  for  trans- 


234  TRANSPORTATION. 

portation  of  recruits  and  recruiting  parties;  of  applicants  for  enlistment  be- 
tween recruiting  stations  and  recruiting  depots;  for  travel  allowance  to 
enlisted  men  on  discharge,  and  members  of  the  National  Guard  who  have 
been  mustered  into  the  service  of  the  United  States  and  are  discharged  for 
physical  disabilities :  *  *  *  of  persons  on  their  discharge  from  the  United 
States  disciplinary  barracks  or  from  any  place  in  which  they  have  been  held 
under  a  sentence  of  dishonorable  discharge  and  confinement  for  more  than 
six  months,  or  from  the  Government  Hospital  for  the  Insane  after  transfer 
thereto  from  such  barracks  or  place,  to  their  homes  (or  elsewhere  as  they 
may  elect),  provided  the  cost  in  each  case  shall  not  be  greater  than  to  the 
place  of  last  enlistment ;  of  supplies  furnished  to  the  militia  for  the  permanent 
equipment  thereof;  of  the  necessary  agents  and  other  employees,  including 
per  diem  allowances  in  lieu  of  subsistence  not  exceeding  $4  for  those  authorized 
to  receive  the  per  diem  allowance ;  of  clothing  and  equipage  and  other  quarter- 
master stores  from  Army  depots  or  places  of  purchase  or  delivery  to  the 
several  posts  and  Army  depots  and  from  those  depots  to  the  troops  in  the  field ; 
of  horse  equipment;  of  ordnance  and  ordnance  stores,  and  small  arms  from 
the  foundries  and  armories  to  the  arsenals,  fortifications,  frontier  posts  and 
Army  depots;  for  payment  of  wharfage,  tolls,  and  ferriages;  for  transporta- 
tion of  funds  of  the  Army ;  for  the  hire  of  employees ;  *  *  *. — Annual  ap- 
propriation act. 

1267.  Land-grant  railroads. — For  the  payment  of  Army  transportation  law- 
fully due  such  land-grant  railroads  as  have  not  received  aid  in  Government 
bonds  (to  be  adjusted  in  accordance  with  the  decisions  of  the  Supreme  Court 
in  cases  decided  under  such  land-grant  acts),  but  in  no  case  shall  more  than 
fifty  per  centum  of  full  amount  of  service  be  paid:  Provided,  That  such 
compensation  shall  be  computed  upon  the  basis  of  the  tariff  or  lower  special 
rates  for  like  transportation  performed  for  the  public  at  large,  and  shall 
be  accepted  as  in  full  for  all  demands  for  such  service:  Provided  further, 
That  in  expending  the  money  appropriated  by  this  act,  a  railroad  company 
which  has  not  received  aid  in  bonds  of  the  United  States,  and  which  obtained 
a  grant'  of  public  land  to  aid  in  the  construction  of  its  railroad  on  condition 
that  such  railroad  should  be  a  post  route  and  military  road,  subject  to  the 
use  of  the  United  States  for  postal,  military,  naval,  and  other  Government 
services,  and  also  subject  to  such  regulations  as  Congress  may  impose,  re- 
stricting the  charge  for  such  Government  transportation,  having  claims  against 
the  United  States  for  transportation  of  troops  and  munitions  of  war  and 
military  supplies  and  property  over  such  aided  railroads,  shall  be  paid  out 
of  the  moneys  appropriated  by  the  foregoing  provision  only  on  the  basis  of 
such  rate  for  the  transportation  of  such  troops  and  munitions  of  war  and 
military  supplies  and  property  as  the  Secretary  of  War  shall  deem  just  and 
reasonable  under  the  foregoing  provision,  such  rate  not  to  exceed  fifty  per 
centum  of  the  compensation  for  such  Government  transportation  as  shall  at 
the  time  be  charged  to  and  paid  by  private  parties  to  any  such  company  for 
like  and  similar  transportation;  and  the  amount  so  fixed  to  be  paid  shall  be 
accepted  as  in  full  for  all  demands  for  such  service:  And  provided  further, 
That  nothing  in  the  preceding  provisos  shall  be  construed  to  prevent  the  ac- 
counting officers  of  the  Government  from  making  full  payment  to  land-grant 
railroads  for  trasportation  of  property  or  persons  where  the  courts  of  the 
United  States  have  held  that  such  property  or  persons  do  not  come  within 
the  scope  of  the  deductions  provided  for  in  the  land-grant  act. — Annual  ap- 
propriation act. 


TRANSPOBTATION.  235 

1268.  Transportation  of  troops,  etc.;  preference  to  be  given  in  time  of  war; 
prompt  delivery  in  time  of  peace;  embargoes  prohibited. — In  time  of  war  or 
threatened  war  preference  and  precedence  shall,  upon  demand  of  the  Presi- 
dent of  the  United  States,  be  given  over  all  other  traffic  for  the  transportation 
of  troops  and  material  of  war,  and  carriers  shall  adopt  every  means  within 
their  control  to  facilitate  and  expedite  the  military  traffic.     And  in  time  of 
peace  shipments  consigned  to  agents  of  the  United   States  for  its  use  shall 
be  delivered  by  the  carriers  as  promptly  as  possible  and  without  regard  to  any 
embargo  that  may  have  been  declared,  and  no  such  embargo  shall   apply  to 
shipments  so  consigned. — Act  of  Aug.  29,  1916  (39  Stat.,  604). 

1269.  Same. — Exclusive  control  of  systems  in  time  of  war. — The  President, 
in  time  of  war,  is  empowered,  through  the  Secretary  of  War,  to  take  possession 
and  assume  control  of  any  system  or  systems  of  transportation,  or  any  part 
thereof,  and  to  utilize  the  same,  to  the  exclusion  as  far  as  may  be  necessary  of 
all   other  traffic  thereon,   for   the  transfer  or   transportation  of  troops,   war 
material    and    equipment,    or    for    such    other    purposes    connected    with    the 
emergency  as  may  be  needful  or  desirable. — Act  of  Aug.  29,  1916  (39  Stat.,  645). 

1270.  Motor  vehicles,  ichat  shall  constitute;  in  the  District  of  Columbia  to 
be  registered  and  furnished  identification  tags  free  of  cost. — The  term  "  motor 
vehicles  "  used  herein  shall  include  all  vehicles  propelled  by  internal-combustion 
engines,  electricity,  or  steam,  except  traction  engines,  road  rollers,  and  vehicles 
propelled  only  upon  rails  and  tracks.    Motor  vehicles  owned  and  maintained  in 
the  District  of  Columbia  by  the  United  States  or  the  government  of  the  District 
of  Columbia  shall  be  registered  and  furnished  identification  tags  without  cost. — 
Act  of  Mar.  3,  1917  (39  Stat.,  1012). 

1271.  Transportation  of  baggage,  enlisted  men,  ten  or  more  years'  service. — 
Hereafter  when  an  enlisted  man  having  ten  or  more  years'  service  in  the  Army 
is  discharged  on  account  of  disability  incurred  in  the  line  of  duty,  transporta- 
tion of  his  authorized  change  of  station  allowance  of  baggage  from  his  last 
duty  station  to  his  home,  in  addition  to  other  travel  allowances  fixed  by  law, 
may  be  authorized  by  the  Secretary  of  War. — Act  of  Aug.  29,  1916  (39  Stat., 
633). 

1272.  Excess   baggage. — For  transportation  of  the  Army  and  its  supplies, 
including  transportation  of  troops  when  moving  either  by  land  or  water,  and 
of  their  baggage,  including  the  cost  of  packing  and  crating:  Provided,  That 
hereafter  baggage  in  excess  of  regulation  change  of  station  allowances  may  be 
shipped  with  such  allowances,  and  reimbursement  collected  for  transportation 
charges  on  such  excess. — Act  of  Mar.  23,  1910  (36  Stat.,  255). 

1273.  Officers    on   official    duties. — Hereafter    in   the   performance    of    their 
official  and  military  duties  officers  of  the  Army  are  authorized,  under  such 
regulations  as  may  be  established  by  the  Secretary  of  War,  to  use  means  of 
transportation  herein  provided  for. — Act  of  Mar.  3,  1911  (36  Stat.,  1051). 

1274.  Private   mounts   of  officers. — Hereafter   transportation   may   be  fur- 
nished for  the  owned  horses  of  an  officer  not  exceeding  the  number  author- 
ized by  law,  from  point  of  purchase  to  his  station,  when  he  would  have  been 
entitled  to  and  did  not  have  his  authorized  number  of  owned  horses  shipped  upon 
his  last  change  of  station,  and  when  the  cost  of  shipment  does  not  exceed  that 
from  his  old  to  his  new  station. — Act  of  Mar.  23,  1910  (36  Stat.,  255) . 


236  TRANSPORTATION. 

1275.  Same. — In  excess   of  nutliorized   number.— Hereafter  private  mounts 
of  officers  in  excess  of  the  authorized  mounts  may  be  shipped  on  Government 
bill  of  lading  with  authorized  mounts,  and  reimbursement  collected  for  trans- 
portation charges  on  such  excess  mounts. — Act  of  Apr.  27,  1914  (88  Stat.,  865). 

1276.  Transportation  to  persons  to  whom   artificial  limbs  are  furnished. — 
The  Secretary  of  War  is  authorized  and  directed  to  furnish  to  the  persons 
embraced  by  the  provisions  of  section  forty-seven  hundred  and  eighty-seven, 
transportation   to  and  from  their  homes  and  the  place  where  they  may  be 
required  to  go  to  obtain  artificial  limbs  provided  for  them  under  authority 
of  law.     The  necessary  transportation  to  have  artificial  limbs  fitted  shall  be 
furnished  by  the  Quartermaster  General  of  the  Army,  the  cost  of  which  shall 
be  refunded  out   of  any  money  appropriated   for   the   purchase  of  artificial 
limbs. — Act  of  Aug.  15,  1876  (19  Stat.,  203). 

1277.  Transportation    of    property    of    other    departments. — Hereafter    the 
Quartermaster  General  and  his  officers,  under  his  instructions  whenever  sta- 
tioned, shall  receive,  transport,  and  be  responsible  for  all  property  turned  over 
to  them,  or  any  one  of  them,  by  the  officers  or  agents  of  any  Government  sur- 
vey, for  the  National  Museum,  or  for  civil  or  naval  departments  of  the  Gov- 
ernment, in  Washington  or  elsewhere,   under  the   regulations  governing  the 
transportation  of  Army  supplies,  the  amount  paid  for  such  transportation  to  be 
refunded  or  paid  by  the  bureau  to  which  such  property  or  stores  pertain. — Act 
of  July  5,  1885  (23  Stat.,  111). 

OF  ANIMALS. 

1278.  Time  limit  for  continuous  confinement  on  cars  and  vessels. — No  rail- 
road, express  company,  car  company,  common  carrier  other  than,  by  water,  or 
the  receiver,  trustee,  or  lessee  of  any  of  them,  whose  road  forms  any  part  of  a 
line  of  road  over  which  cattle,  sheep,  swine,  or  other  animals  shall  be  conveyed 
from  one  State  or  Territory  or  the  District  of  Columbia  into  or  through  another 
State  or  Territory  or  the  District  of  Columbia,  or  the  owners  or  masters  of  steam, 
sailing,  or  other  vessels  carrying  or  transporting  cattle,  sheep,  swine,  or  other 
animals  from  one  State  or  Territory  or  the  District  of  Columbia  into  or  through 
another  State  or  Territory  or  the  District  of  Columbia,  shall  confine  the  same 
in  cars,  boats,  or  vessels  of  any  description  for  a  period  longer  than  twenty- 
eight  consecutive  hours  without  unloading  the  same  in  a  humane  manner  into 
properly  equipped  pens  for  rest,  water,  and  feeding/  for  a  period  of  at  least 
five  consecutive  hours,  unless  prevented  by  storm  or  by  other  accidental  or  un- 
avoidable causes  which  can  not  be  anticipated  or  avoided  by  the  exercise  of  due 
diligence  and  foresight :  Provided,  That  upon  the  written  request  of  the  owner 
or  person  in  custody  of  that  particular  shipment,  which  written  request  shall 
be  separate  and  apart  from  any  printed  bill  of  lading,  or  other  railroad  form, 
the  time  of  confinement  may  be  extended  to  thirty-six  hours.    In  estimating  such 
confinement,  the  time  consumed  in  loading  and  unloading  shall  not  be  consid- 
ered, but  the  time  during  which  the  animals  have  been  confined  without  such 
rest  or  food  or  water  on  connecting  roads  shall  be  included,  it  being  the  intent 
of  this  act  to  prohibit  their  continuous  confinement  beyond  the  period  of  twenty- 
eight  hours,  except  upon  the  contingencies  hereinbefore  stated :  Provided,  That 
it  shall  not  be  required  that  sheep  be  unloaded  in  the  nighttime,  but  where  the 
time  expires  in  the  nighttime  in  case  of  sheep  the  same  may  continue  in  transit 
to  a  suitable  place  for  unloading,  subject  to  the  aforesaid  limitation  of  thirty- 
six  hours.— Act  of  June  29,  1906  (3Jt  Stat.,  607). 


TEANSPORTATION.  237 

1279.  Feeding  cattle  at  owners  expense  during  transportation. — The  animals 
so  unloaded  shall  be  properly  fed  and  watered  during  such  rest  either  by  the 
owner  or  person  having  the  custody  thereof,  or  in  case  of  his  default  in  so  doing, 
then  by  the  railroad,  express  company,  car  company,  common  carrier  other  than 
by  water,  or  the  receiver,  trustee,  or  lessee  of  any  of  them,  or  by  the  owners  or 
masters  of  boats  or  vessels  transporting  the  same,  at  the  reasonable  expense  of 
the  owner  or  person  in  custody  thereof,  and  such  railroad,  express  company, 
car  company,  common  carrier  other  than  by  water,  receiver,  trustee,  or  lessee 
of  any  of  them,  owners  or  masters,  shall  in  such  case  have  a  lien  upon  such 
animals  for  food,  care,  and  custody  furnished,  collectible  at  their  destination 
in  the  same  manner  as  the  transportation  charges  are  collected,  and  shall  not 
be  liable  for  any  detention  of  such  animals,  when  such  detention  is  of  reasonable 
duration,  to  enable  compliance  with  section  one  of  this  act ;  but  nothing  in  this 
section  shall  be  construed  to  prevent  the  owner  or  shipper  of  animals  from  fur- 
nishing food  therefor,  if  he  so  desires. — Sec.  2,  ibid, 

1280.  Penalty  for  noncompliance  with  requirements. — Any  railroad,  express 
company,  car  company,  common  carrier  other  than  by  water,  or  the  receiver, 
trustee,  or  lessee  of  any  of  them,  or  the  master  or  owner  of  any  steam,  sailing, 
or  other  vessel  who  knowingly  and  willfully  fails  to  comply  with  the  provisions 
of  the  two  preceding  sections  shall  for  every  such  failure  be  liable  for  and 
forfeit  and  pay  a  penalty  of  not  less  than  one  hundred  nor  more  than  five  hun- 
dred dollars :  Provided,  That  when  animals  are  carried  in  cars,  boats,  or  other 
vessels  in  which  they  can  and  do  have  proper  food,  water,  space,  and  oppor- 
tunity to  rest  the  provisions  in  regard  to  their  being  unloaded  shall  not  apply. — 
Sec.  3,  ibid. 

TRANSPORTS,    HARBOR    BOATS,   ETC. 

1281.  Tolls,  etc.,  not  to  be  levied  or  collected,  etc. — No  tolls  or  operating 
charges  whatever  shall  be  levied  upon  or  collected  from  any  vessel,  dredge, 
or  other  water  craft  for  passing  through  any  lock,  canal,  canalized  river,  or 
other  work  for  the  use  and  benefit  of  navigation,  now  belonging  to  the  United 
States  or  that  may  be  hereafter  acquired  or  constructed. — Sec.  4,  act  of  July  5, 
1884  (23  Stat.,  147),  as  amended  by  act  of  Mar.  3,  1909  (35  Stat.,  818). 

1282.  Steamships,  etc.,  may  be  taken  by  United  States  as  cruisers  or  trans- 
ports; appraisement. — Any  steamships  so  registered  under  the  provisions  of 
this  act  may  be  taken  and  used  by  the  United  States  as  cruisers  or  transports 
upon  payment  to  the  owners  of  the  fair  actual  value  of  the  same  at  the  time  of 
the  taking,  and  if  there  shall  be  a  disagreement  as  to  the  fair  actual  value  at 
the  time  of  the  taking  between  the  United  States  and  the  owners,  then  the  same 
shall  be  determined  by  two  impartial  appraisers,  one  to  be  appointed  by  each 
of  said  parties,  who,  in  case  of  disagreement,  shall  select  a  third,  the  award 
of  any  two  of  the  three'  so  chosen  to  be  final  and  conclusive. — Sec.  4,  act  of  May 
10,  1892  (27  .Stat.,  28). 

1283.  Use  of  transports,  restriction,  etc. — When,  in  the  opinion  of  the  Secre- 
tary of  War,  accommodations  are  available,  transportation  may  be  provided  for 
the  officers,  enlisted  men,  employees,  and  supplies  of  the  Navy,  the  Marine  Corps, 
and  for  members  and  employees  of  the  Philippine  and  Hawaiian  Governments, 
officers  of  the  War  Department,  Members  of  Congress,  other  officers  of  the  Gov- 
ernment while  traveling  on  official  business,  and  without  expense  to  the  United 
States,  for  the  families  of  those  persons  herein  authorized  to  be  transported, 
and  when  accommodations  are  available,  transportation  may  be  provided  for 


238  TRANSPORTATION. 

general  passengers  to  the  island  of  Guam,  rates  and  regulations  therefor  to  be 
prescribed  by  the  Secretary  of  War.— Ac*  of  Mar.  2,  1907  (34  Stat.,  1170). 

1284.  Same. — Extended  to  include  the  Revenue-Cutter  Service  and  Young 
Men's  Christian  Association. — Hereafter  when,  in  the  opinion  of  the  Secretary 
of  War,  accommodations  are  available,  transportation  on  vessels  of  the  Army 
transport  service  may  be  furnished  the  officers,  employees,  and  enlisted  men 
of  the  Revenue-Cutter  Service,  and  their  families,  without  expense  to  the  United 
States,  and  also  secretaries  and  supplies  of  the  Army  and  Navy  Departments 
of  the  Young  Men's  Christian  Association.— Ac*  of  Mar.  3, 1911  (36  Stat.,  1051). 

1285.  Same. — Extended  to  include  merchandise  of  American  production  to 
the  island  of  Guam. — Hereafter  where  there  is  cargo  space  available  without 
displacing  military  supplies,  transportation  may  be  provided  for  merchandise 
of  American  production  consigned  to  residents  and  mercantile  firms  of  the 
island  of  Guam,  rates  and  regulations  therefor  to  be  prescribed  by  the  Secretary 
of  War.— Ac*  of  Mar.  3, 1911  (36  Stat.,  1051). 

1286.  Detail  of  naval  officers  for  inspection  of  transports. — The  President 
may  detail,  temporarily,  three  competent  naval  officers  for  the  service  of  the 
War  Department  in  the  inspection  of  transport  vessels,  and  for  such  other  ser- 
vices as  may  be  designated  by  the  Secretary  of  War. — Sec.  1437  R.  S. 

1287.  American  vessels  to  be  used  in  transporting  Army  and  Navy  supplies; 
charges. — Vessels  of  the  United  States,  or  belonging  to  the  United  States,  and 
no  others,  shall  be  employed  in  the  transportation  by  sea  of  coal,  provisions, 
fodder,  or  supplies  of  any  description,  purchased  pursuant  to  law,  for  the  use 
of  the  Army  or  Navy,  unless  the  President  shall  find  that  the  rates  of  freight 
charges  by  said  vessels  are  excessive  and  unreasonable,  in  which  case  contracts 
shall  be  made  under  the  law  as  it  now  exists :  Provided,  That  no  greater  charges 
be  made  by  such  vessels  for  transportation  of  articles  for  the  use  of  the  said 
Army  and  Navy  than  are  made  by  such  vessels  for  transportation  of  like  goods 
for  private  parties  or  companies.— Ac*  of  Apr.  28,  1904  (33  Stat.,  518). 

1288.  Same. — Restriction  relating  to  certain  foreign  vessels  removed. — The 
provisions  of  law  restricting  to  vessels  of  the  United  States  the  transportation 
of  passengers  and  merchandise  directly  or  indirectly  from  one  port  of  the  United 
States  to  another  port  of  the  United  States  shall  not  be  applicable  to  foreign 
vessels  engaged  in  trade  between  the  Philippine  Islands  and  the  United  States. — 
Ac*  of  Apr.  29,  1908  (35  Stat.,  70). 

1289.  Sale  of  transports  restricted. — Hereafter  no  steamship  in  the  transport 
service  of  the  United  States  shall  be  yold  or  dispos-jd  of  without  the  consent  of 
Congress  having  been  first  had  or  obtained. — Act  of  Mar.  2,  1905  (33  Stat.,  837). 

1290.  Sale  of   transports  Meade   and   Crook,   authority  for. — Authority   is 
hereby  granted  the  Secretary  of  War  to  sell  or  otherwise  dispose  of.  in  accord- 
ance with  law  and  regulations,  the  United  States  Army  transports  Meadc  and 
Crook.— Ac*  of  Aug.  29,  1916  (39  Stat.,  634). 

1291.  Discontinuance  of  transport  service  restricted.^ — No  action  looking  to 
the  discontinuance  of  the  transport  service  shall  be  taken  without  further  action 
Of  Congress.— A ct  of  M<u:  .?,  J90.1   dU  Mat..  939). 


THE  UNIFORM   OF   THE  AEMY.  239 

1292.  United  States  Shipping  Board  created. — A  board  is  hereby  created,  to 
\>e  known  as  the  United  States  Shipping  Board,  and  hereinafter  referred  to  as 
the  board.— Sec.  3,  act  of  Sept.  7,  1916  (89  Stat.,  729). 

1293.  Same. — Authority  to  build,  purchase,  charter,  etc.,  vessels  for  use  as 
transports,  etc. — The  board,  with  the  approval  of  the  President,  is  authorized 
to  have  constructed  and  equipped  in  American  shipyards  and  navy  yards  or 
elsewhere,  giving  preference,  other  things  being  equal,  to  domestic  yards,  or 
to  purchase,  lease,  or  charter,  vessels  suitable,  as  far  as  the  commerical  require- 
ments of  the  marine  trade  of  the  United  States  may  permit,  for  use  as  naval 
auxiliaries  or  Army  transports,  or  for  other  naval  or  military  purposes,  and 
to  make  necessary  repairs  on  and  alterations  of  such  vessels. — Sec.  5,  ibid. 

1294.  Same. — Transfer  of  certain  Government-oumed  vessels  to  board. — The 
President  may  transfer  either  permanently  or  ior  limited  periods  to  the  board 
such  vessels  belonging  to  the  War  or  Navy  Department  as  are  suitable  for 
commercial  uses  and  not  required  for  military  01  naval  use  in  time  of  peace, 
and  cause  to  be  transferred  to  the  board  vessels  owned  by  the  Panama  Railroad 
Company  and  not  required  in  its  business. — Sec.  6,  ibid. 

1295.  Same. — Sale,   etc.,   of  unserviceable  vessels. — When   any   vessel   pur- 
chased or  constructed  by  or  transferred  to  the  board  as  herein  provided  and 
owned  by  the  United  States,  becomes,  in  the  opinion  of  the  board,  unfit  for 
the  purposes  of  this  act,  it  shall  be  appraised  tmd  sold  at  public  or  private 
comeptitive  sale  after  due  advertisement  free  from  the  conditions  and  restric- 
tions of  this  act. — Sec.  8,  ibid. 

1296.  Appropriation  for  purchase  and  repair,  etc.,  of. — For  the  purchase  and 
repair  of  ships,  boats,  and  other  vessels  required  for  the  transportation  of 
troops  and  supplies  and  for  official,  military,  and  garrison  purposes;  for  ex- 
penses of  sailing  public  transports  and  other  vessels  on  the  various  rivers,  the 
Gulf  of  Mexico,  and  the  Atlantic  and  Pacific  Oceans,     *     *     *. — Annual  appro- 
priation act. 

1297.  Wharfage  dues,  Military  Academy. — The  Secretary  of  War  is  author- 
ized to  have  collected  from  vessels  using  the  wharf  and  ferry  at  West  Point. 
New  York,  such  wharfage  dues  as  he  may  deem  just,  reasonable,  and  necessary, 
the  same  to  be  paid  at  the  time  of  landing  to  the  post  quartermaster  or  his 
authorized  agent— Act  of  Mar.  4,  1915  (38  Stat.,  1137). 

TRANSPORTATION  BY  WATER. 

LIGHTHOUSE    SERVICE. 

1298.  Transfer  of  vessels,  etc.,  to  Army  and  Navy  in  emergencies. — The 
President  is  hereby  authorized,  whenever  in  his  judgment  a  sufficient  national 
emergency  exists,  to  transfer  to  the  service  and  jurisdiction  of  the  Navy  De- 
partment, or  of  the  War  Department,  such  vessels,  equipment,  stations,  and 
personnel  of  the  Lighthouse  Service  as  he  may  deem  to  the  best  interest  of 
the  country,  and  after  such  transfer  all  expenses  connected  therewith  shall  be 
defrayed  out  of  the  appropriations  for  the  department  to  which  transfer  is 
made.— Act  of  Aug.  29,  1916  (39  Stat.,  602). 

1299.  Same. — Return    of    on    termination. — That    such    vessels,    equipment, 
stations,  and  personnel  shall  be  returned  to  the  Lighthouse  Service  when  such 


240  THE   UNIFORM   OF   THE  ARMY. 

national  emergency  ceases  in  the  opinion  of  the  President,  and  nothing  in  this 
act  shall  be  construed  as  transferring  the  Lighthouse  Service  or  any  of  its 
functions  from  the  Department  of  Commerce  except  in  time  of  national  emer- 
gency and  to  the  extent  herein  provided. — Ibid. 

1800.  Satnc. — Personnel  subject  to  A  run/  and  Naru  rules  during  transfer. — • 
That  any  of  the  personnel  of  the  Lighthouse  Service  who  may  be  transferred 
as  herein  provided  shall,  while  under  the  jurisdiction  of  the  Navy  Department 
or  War  Department,  be  subject  to  the  laws,  regulations,  and  orders  for  the 
government  of  the  Navy  or  Army,  as  the  case  may  be,  in  so  far  as  the  same 
may  be  applicable  to  persons  whose  retention  permanently  in  the  military 
service  of  the  United  States  is  not  contemplated  by  law. — Ibid. 

1301.  Same. — Preparation  of  regulations,  etc.,  for  cooperation. — The  Secre- 
tary of  the  Navy,  the  Secretary  of  War,  and  the  Secretary  of  Commerce  shall 
jointly  prescribe  regulations   governing  the  duties  to  be  performed   by   the 
Lighthouse  Service  in  time  of  war,  and  for  the  cooperation  of  that  service  with 
the  Navy  and  War  Departments  in  time  of  peace  in  preparation  for  its  duties  in 
war,  and  this  may  include  arrangements  for  a  direct  line  of  communication 
between  the  officers  or  bureaus  of  the  Navy  and  War  Departments  and  the 
Bureau  of  Lighthouses  to  provide  for  immediate  action  on  all  communications 
from  these  departments. — Ibid. 

THE  UNIFORM  OF  THE  ARMY. 

1302.  The  uniform  to  be  prescribed  by  the  President. — The  President  may 
prescribe  the  uniform  of  the  Army  and  quantity  and  kind  of  clothing  which 
shall  be  issued  annually  to  the  troops  of  the  United  States. — Sec.  1296,  R.  S. 

NOTE. — Under  authority  conferred  by  this  section  the  President  directed  that  campaign 
badges  with  ribbons  be  issued  as  articles  of  uniform  to  officers  and  enlisted  men  in  the 
service.  (See  G.  O.  No.  4,  W.  D.,  1905,  as  amended  by  G.  O.  129,  W.  D.,  1908 ;  also  G.  O 
Nos.  96  and  97,  W.  D.,  19C9.  For  decision  of  Judge  Advocate  General  relative  to  cam- 
paign badges  forming  a  portion  of  the  prescribed  uniform,  etc.,  see  Dig.  Op.  J.  A.  G., 
1912,  p.  668.) 

1303.  Unauthorized  wearing  of,  unlawful. — It  shall  be  unlawful  for  any 
person  not  an  officer  or  enlisted  man  of  the  United  States  Army,  Navy,  or 
Marine  Corps  to  wear  the  duly  prescribed  uniform  of  the  United  States  Army, 
Navy,  or  Marine  Corps,  or  any  distinctive  part  of  such  uniform,  or  a  uniform 
any  part  of  which  is  similar  to  a  distinctive  part  of  the  duly  prescribed  uniform 
of  the  United  States  Army,  Navy,  or  Marine  Corps. — Sec.  125,  act  of  June  3, 
1916  (39  Stat.,  216). 

1304.  The  Coast  Guard  not  prohibited  from  wearing. — Section  one  hundred 
and  twenty-five  of  the  act  entitled  "An  act  for  further  and  more  effectual  pro- 
vision for  the  national  defense,  and  for  other  purposes,"  approved  June  third, 
nineteen  hundred  and  sixteen,  shall  apply  to  the  Coast  Guard  in  the  same 
manner  as  to  the  Army,  Navy,  and  Marine  Corps. — Act  of  Aug.  29,  1916  (39 
Stat.,  649). 

1305.  Use   of  specified   uniforms   permitted   National   Guard,   Boy   Scouts, 
Naval  Militia,  war  veterans  on  ceremonious  occasions,  discharged  men  return- 
ing home,  military  societies,  school  cadets  and  instructors,  civilians  attending 
instruction  camps,  actors,  etc.,  professionally.— The  foregoing  provision  shall 
not  be  construed  so  as  to  prevent  officers  or  enlisted  men  of  the  National  Guard 


THE   UNIFORM   OF   THE  ARMY.  241 

from  wearing,  in  pursuance  of  law  and  regulations,  the  uniform  lawfully  pre- 
scribed to  be  worn  by  such  officers  or  enlisted  men  of  the  National  Guard  ; 
nor  to  prevent  members  of  the  organization  known  as  the  Boy  Scouts  of 
America,  or  the  Naval  Militia,  or  such  other  organizations  as  the  Secretary  of 
War  may  designate,  from  wearing  their  prescribed  uniforms;  nor  to  prevent 
persons  who  in  time  of  war  have  served  honorably  as  officers  of  the  United 
States  Army,  Navy,  or  Marine  Corps,  Regular  or  Volunteer,  and  whose  most 
recent  service  was  terminated  by  an  honorable  discharge,  muster  out,  or 
resignation,  from  wearing  upon  occasions  of  ceremony  the  uniform  of  the 
highest  grade  they  have  held  by  brevet  or  other  commission  in  such  Regular 
or  Volunteer  service;  nor  to  prevent  any  person  who  has  been  honorably  dis- 
charged from  the  United  States  Army,  Navy,  or  Marine  Corps,  Regular  or 
Volunteer,  from  wearing  his  uniform  from  the  place  of  his  discharge  to  his 
home  within  three  months  after  the  date  of  such  discharge  ;  nor  to  prevent 
the  members  of  military  societies  composed  entirely  of  honorably  discharged 
officers  or  enlisted  men,  or  both,  of  the  United  States  Army,  Navy,  or  Marine 
Corps,  Regular  or  Volunteer,  from  wearing  upon  occasions  of  ceremony  the 
uniform  duly  prescribed  by  such  societies  to  be  worn  by  the  members  thereof; 
nor  to  prevent  the  instructors  and  members  of  the  duly  organized  cadet  corps 
of  a  State  university.  State  college,  or  public  high  school  offering  a  regular 
course  in  military  instruction  from  wearing  the  uniform  duly  prescribed  by  the 
authorities  of  such  university,  college,  or  public  high  school  for  wear  by  the 
instructors  and  members  of  such  cadet  corps;  nor  to  prevent  the  instructors 
ond  members  of  the  duly  organized  cadet  corps  of  any  other  institution  of 
learning  offering  a  regular  course  in  military  instruction,  and  at  which  an 
officer  or  enlisted  man  of  the  United  States  Army,  Navy,  or  Marine  Corps  is 
lawfully  detailed  for  duty  as  instructor  in  military  science  and  tactics,  from 
wearing  the  uniform  duly  prescribed  by  the  authorities  of  such  institution  of 
learning  for  wear  by  the  instructors  and  members  of  such  cadet  corps  ;  nor  to 
prevent  civilians  attendant  upon  a  course  of  military  or  naval  instruction  au- 
thorized and  conducted  by  the  military  or  naval  authorities  of  the  United 
States  from  wearing  while  in  attendance  upon  such  course  of  instruction  the 
uniform  authorized  and  prescribed  by  such  military  or  naval  authorities  for 
wear  during  such  course  of  instruction;  nor  to  prevent  any  person  from 
wearing  the  uniform  of  the  United  States  Army,  Navy,  or  Marine  Corps  in  any 
playhouse  or  theater  or  in  moving-picture  films  while  actually  engaged  in  repre- 
senting therein  a  military  or  naval  character  not  tending  tor  bring  discredit 
or  reproach  upon  the  United  States  Army,  Navy,  or  Marine  Corps.  —  Sec.  125, 
act  of  June  3,  1916  (39  Stat.,  216). 

1306.  Distinctive  mark  required.  —  The  uniforms  worn  by  officers  or  en- 
listed men  of  the  National  Guard,  or  by  the  members  of  the  military  societies 
or  the  instructors  and  members  of  the  cadet  corps  referred  to  in  the  preceding 
proviso,  shall  include  some  distinctive  mark  or  insignia  to  be  prescribed  by  the 
Secretary  of  War  to  distinguish  such  uniforms  from  the  uniforms  of  the  United 
States  Army,  Navy,  and  Marine  Corps.  — 


1307.  Restriction  ton  insignia  of  rank.—  The  members  of  the  military  so- 
cieties and  the  instructors  and  members  of  the  cadet  corps  hereinbefore  men- 
tioned shall  not  wear  the  .insignia  of  rank  prescribed  to  be  worn  by  officers  of 
the  United  States  Army,  Navy,  or  Marine  Corps,  or  any  insignia  of  rank  similar 
thereto.—  Ibid. 

49392—18  -  16 


242  USELESS  PAPERS. 

1308.  Punishment  for  violations. — Any  person  who  offends  against  the  pro- 
visions of  this  section  shall  on  conviction  be  punished  by  a  fine  not  exceeding 
three  hundred  dollars,  or  by  imprisonment  not  exceeding  six  months,  or  by 
both  such  fine  and  imprisonment. — Ibid. 

USELESS  PAPERS. 

1309.  Disposition  of;  report  to  be  rendered,  etc. — Whenever  there  shall  be 
in  any  one  of  the  executive  departments  of  the  Government  an  accumulation 
of  files  of  papers,  which  are  not  needed  or  useful  in  the  transaction  of  the  cur- 
rent business  of  such  department  and  have  no  permanent  value  or  historical  in- 
terest, it  shall  be  the  duty  of  the  head  of  such  department  to  submit  to  Con- 
gress report  of  that  fact,  accompanied  by  a  concise  statement  of  the  condition 
and  character  of  such  papers.     And  upon  the  submission  of  such  report,  it  shall 
be  the  duty  of  the  presiding  officer  of  the  Senate  to  appoint  two  Senators,  and 
of  the  Speaker  of  the  House  of  Representatives  to  appoint  two  Representatives, 
and    the    Senators   and    Representatives  so  appointed  shall  constitute  a  joint 
committee,  to  which  shall  be  referred  such  report,  with  the  accompanying  state- 
ment of  the  condition  and  character  of  such  papers,  and  such  joint  committee 
shall  meet  and  examine  such  report  and  statement  and  the  papers  therein  de- 
scribed, and  submit  to  the  Senate  and  House,  respectively,  a  report  of  such 
examination  and  their  recommendation. 

And  if  they  report  that  such  files  of  papers,  or  any  part  thereof,  are  not 
needed  or  useful  in  the  transaction  of  the  current  business  of  such  Department, 
and  have  no  permanent  value  or  historical  interest,  then  it  shall  be  the  duty 
of  such  head  of  the  department  to  sell  as  waste  paper,  or  otherwise  dispose  of, 
such  files  of  papers  upon  the  best  obtainable  terms  after  due  publication  of 
notice  inviting  proposals  therefor,  and  receive  and  pay  the  proceeds  thereof 
into  the  Treasury  of  the  United  States,  and  make  report  thereof  to  Congress. — 
Act  of  Feb.  16,  1889  (25  Stat.,  672). 


INDEX. 


Absence  on  account  of  sickness.     (See  Sick  leave  and  leave  of  absence.) 

Absence  from  duty:  Paragraph. 

Disease   resulting   from   own   misconduct 428 

Absence  without  leave: 

Civilians — 

Forfeiture  of  pay  ;  31st  day  of  month 929 

Commissioned  officers — 

Pay  forfeited;  when 426,491 

Three  months',  to  be  dropped  from  rolls  of  Army 426 

Enlisted  men — 

Exceeding  one  day,  to  be  made  good 636 

On   31st  day  of  month 929 

National  Guard — 

Officers  of,  three  months',  to  be  dropped  from  rolls 667 

Accountability: 

Arms  and  accoutrements  in  possession  of  persons  not  soldiers 1183, 1184 

Clothing  (see  also  Clothing)  — 

Regulations  governing;  by  whom  prescribed 1177 

System  of;  by  whom  prescribed 1180 

Enlisted  Reserve  Corps — 

On  discharge  ;  clothing  and  equippage  issued  to 807 

Funds  and  property  in  hands  of  subordinate  officers;   liability  of  Quarter- 
master   General    for 24 

Losses;    credit    for 1142 

Property  pertaining  to  the  War  Department 1185 

Public  money  (see  Disbursing  officers  and  public  moneys). 

Public  property    (see  also  Property,  accountability  and   public   property)  — 

Losses;  certificate  to  be  forwarded  in  lieu  of  returns 1181 

Preparation     of 1182 

Regulations  governing;  by  whom  prescribed 1177 

Settlement  of  accounts  ;  who  may  administer  oaths 1178 

System  of;  by  whom  prescribed 1180 

Quartermaster  General—- 
Money and  property  in  hands  of  subordinate  officers 24 

Account  to  be  rendered  Secretary  of  War,  how  often 1180 

System  of,   to  be  prescribed  by 1180 

Rations — - 

Issue  of,  to  Indians  on  frontier  ;  account  to  be  rendered 403 

Returns  ;  certificate  to  be  forwarded  in  lieu  of . 1181 

Sales  to  officers  and  enlisted  men — 

Credit;  account  to  be  kept 1196 

Report  to  be  rendered  monthly 1196 

Sales  to  officers  serving  in  the  field 1199 

System  of;  by  whom,  prescribed- 1180 

Accountable  officers  (see  also  Disbursing  officers  and  public  moneys)  : 

Authority  to  intrust  money  to  other  officers  making  disbursements 1102 

Discharged  ;   certificate  of  nonindebtedness  required 482 

Oath  of;  by  whom  administered 1178 

Accountants  and  other  experts: 

Payment  of   restricted '. 20 

Accounting   officers    (see   also   Accounts,    Auditor   for   the    War    Department,    and 
Comptroller  of  the  Treasury)  : 

Appointment  of  fuel  inspectors  ;   copy   to  be  furnished 194 

Credit  for  lost  funds,  etc 1142 

Payment  of  land-grant  railroads 1269 

Purchase  of  fuel ;  no  payment  without  certificate  of  inspector,  etc 195 

Signature  of  required  on  evidence  of  honorable  discharge 1032 

243 


244  INDEX. 

Accounts    (see   also    Auditor   for   the   War   Department,    Disbursing   officers,    and 

P.ublic  moneys) —  Paragraph. 

Accurate  on  try  of  each  sum  to  be  kept 1050 

Administrative  examination  of 1041 

By  whom  made 1041 

Rules  and  regulations  to  be  prescribed  by 1039 

Where  not  had;  action  in  case  of 1042,  1059 

Adjustment  of  in  Department  of  Treasury 1063 

Advance  of  funds  (see  also  Public  moneys,  Advances  of)  — 

Delay  in  transmission  of  accounts;  procedure 1044 

Analyzed   and   recorded   by . 1030 

Audited;    requisitions    not    required 1164 

Audit  of  :  bureaus  of  the  War  Department,  for  salaries,  etc 1040 

Contracted  abroad 1052 

Officers  of  the  Line,  for  pay  due 1031 

Particular  accounts;   by   whom 1064 

Auditor  for  the  War  Department  to  receive  and  examine  certain 1040 

Balances  (see  also  Balances  and  unexpended  balances)  — 

Arising  from  settlement  of  accounts  contracted  abroad ^. 1054,  1055 

Clothing,  enlisted  men  ;  how  paid 608 

Neglect  or  refusal  to  pay  into  Treasury ! 

Remaining  on  books  after  two  years 14,  1069 

Suits  for  recovery  of r 1069 

Bureaus  of  the  War  Department ;  examination  and  inspection  of 1040 

Certificate  of  differences  on   revision 1065 

Checks  to  indorsee  on  pay  accounts  permitted 418 

Clothing  money  allowance,  enlisted  men,  settlement  of 608 

Commissioned  Officers — 

Audit  of,  for  pay  due 1031 

Authority  to  transfer  or  assign  pay  accounts 417 

Deficiencies  in  ;   deducted  from  monthly  pay 530,  531 

Settlement  of,  where  evidence  of  honorable  discharge  is  necessary 1032 

Commission  or  inquiry  ;  payment  of  by  disbursing  officers ^ 1095, 1096 

Company   commanders ;   loss  of  voucher   or  company  books,  affidavits   may 

be  accepted 1179 

Contracted  abroad — 

Administrative  examination  not  required 1059 

Assistant  auditor  and  comptroller  ;  appointment  of 1058 

Duties  and  authority  of 1058 

Audit  of,  abroad  ;  authority  for :. 1052 

Balances  arising  from  settlement  of — 

Certificates  in  lieu  of  warrants  authorized 1055 

Certified  by  auditor,  to  be  final  and  conclusive  ;  exception 1054 

Contracts  to  be  settled  by  auditor _; 1059 

Examination  of  ;  by  whom 1059 

Files  to  be  transmitted  to  Washington;  when 1057 

Oaths  pertaining  to  ;  by  whom  administered 1060 

Powers  conferred  on — 

Comptroller,  auditor  and  assistants 1053 

Secretary  of  Treasury 1052 

Rendition  of;  time  for 1059 

Settlements — 

Oaths  required  ;  by  whom  administered 1060 

Revision   of,   abroad 1054 

Differences   arising  from 1054 

Time    limit 1054 

To  be  final  and  conclusive : 1054 

Revision  of,  at  close  of  war 1056 

Time    limit 1056 

To  be  audited  abroad  ;  authority  for 1052 

Vouchers  and  papers  to  be  preserved 1057 

Warrants,  certificates  may  be  transmitted  in  lieu  of 1055 

Contracts,  etc.,  inspection  and  revision  of;  by  whom 167 

Contracts  and  purchases,  settlement  of;  to  whom  rendered 167 

Contract  surgeons  ;  may  be  assigned  or  transferred  ;  when 302 

Credit  for  lost  funds 1142 

Deceased  officers  and  enlisted  men  ;  settlement  of,  etc 305,  306 


INDEX.  245 

Accounts — Continued.  Paragraph. 

Decision  of  comptroller  in  advance  of  payment 1033 

Deficiencies,  salary  withheld  recount  of 530,  531 

Deficiencies  to  be   reported 33 

Delinquencies,  suits  to  be  instituted;  when 531 

Deposit  and  safe-keeping  of  funds 1086,  1088 

Designated    depositaries L 1091 

Disbursing  officers  (see  also  Disbursing  officers)  — 

Allotments  of  pay  ;  payment  of,  credit  for 603 

Checks  to  indorsee  on  pay  accounts  permitted 418 

Credit  for  lost  funds 1142 

Decree  of  Court  of  Claims  to  act  as  a  credit  in  settlement  of 123 

Delinquencies  ;  action  on  requisitions  for  advance  of  funds 1044 

Examination  and  inspection  of 1037,  1176 

Failure  to  render;  penalty 1106 

How  analyzed  and   recorded 1030 

How  audited  and  settled 1030,  1031 

Inspection  of;  by  whom 1037,1176 

Losses  of  funds,  etc. ;  Court  of  Claims  to  have  jurisdiction 121 

Monthly — 

Time  for  rendition  of _ 1047 

Time  for  transmission  of 1044 

Nonreceipt  of  in  Treasury  or  proper  bureau;  evidence  necessary. .1047 

Oaths  required  in  settlement  of „ 1178 

Payment  suspended  :   when 72,  1162 

Rendition  of;  time  for ._ 1047 

Settlement  of,  unchanged  for  three  years 1034 

Unchanged  for  three  years,  action  necessary  in  case  of 1034 

Disbursements   (see  also  Disbursements)  — 

By  distinct  items 1051 

Distinct,  rendered  according  to  appropriations 1049 

In  case  of  insufficient  balances 1097 

To  be  kept  by  auditors;  method  of 1172 

Division  of  Bookkeeping  and  Warrants  ;  establishment  of,  duties,  etc 1168 

Enlisted  men  ;  settlement  of,  where  evidence  of  honorable  discharge  is  neces- 
sary   1032 

Entry    of    each    transaction    required 1050 

Examination  of — 

Administrative 1041 

By    whom    167,1038,1040,1171,1176 

Bureaus  of  the  War  Department 1041 

Monthly  ;  extension  of  time  for 1045 

Officers  in  the  District  of  Columbia 1038 

Officers  of  the   line,   for  pay   due 1031 

Time  .for,   extended . 1045 

Where  administrative  examination  has  not  been  had 1042 

Exchange  or  sale  of  funds 1141 

Expenditures   (see  also  Disbursements)  — 

To  be  kept  by   auditors;    method   of 1172 

Failure   to   render 1036,  1106 

Finally  adjusted;  to  be  preserved  by  auditors 1170 

Final  statements  ;  clothing  allowance  overdrawn  to  be  changed  on 653 

Fiscal  year  ;  when  to  commence 1136 

Forms  for  keeping  and  rendering;  by  whom   prescribed 1043 

Indebtedness,  where  judgment  has  been  obtained . 532 

Individual  quartermasters  ;  to  be  analyzed  and  recorded 1030 

Inspection  and  revision  of;  contractors 167 

Officers  in  the  District  of  Columbia 1038 

Insufficient  balances,   disbursement  in   case  of 1097 

Keeping   of;    method 1172 

Keeping  and  rendition  of;  forms  to  be  prescribed  for : 1043 

Line  officers- — - 

Audit  and  settlement  of,  for  pay  due 1031 

Settlement  of ;    inability  to  account   for   property   intrusted   to   posses- 
sion of io:-)i 

Lost  checks — • 

Duplicates    may    be    issued  ;    when '. 1076 

In  case  of  death  of  issuing  officer 1077 


246  INDEX. 

Accounts — Continued.  Paragraph. 

Lost  funds  and  property  ;  credit  for 1142 

Mailing  of— 

Rules  to  be  prescribed  by   Secretary  of  War 104ti 

Time  for 1044 

Method   of  keeping 1172 

Mileage- 
Allowances  for,  to  be  paid  from  sums  appropriated  therefor 509 

Deductions   for   transportation    in   kind   513 

Over   land-grant  roads   __* 514 

Orders  involving  payment  of,  to  state  special  duty  enjoined 508 

Payment  of 508,510 

Militia  (see  National  Guard). 

Monthly — 

Examination  of,   extension  of   time   for   1045 

Mailing  of,    time   for    1044 

Rendition  of,  time  for 1047,  1048 

National  Guard  (see  also  National  Guard)  — 

Inspection  of:   how   often   715 

Property  and  disbursing  officers  of 711 

Nonreceipt   of;    evidence   necessary 1047 

Oaths   required   in   settlement  of    1178 

Officers    in    the    District    of    Columbia ;    examination    and    inspection    of ; 

by  whom 1038 

Outstanding;   report  to  be  rendered 1081 

Pay  accounts  ;  checks  to  indorse  on,  permitted 418 

Payment — 

By  warrants;  time  for  issuance  of 1162 

Decision  of  comptroller  in  advance  of 1033 

Items  affected  by   original  construction   of  statutes  by  auditors  to  be 

suspended  pending  approval  by  comptroller 72 

Payment   suspended  ;    when 72,  1063 

Pay  of  the  Army  ;  to  constitute  one  fund 1098 

Petitions  for  settlement  of  unadjusted,   etc 149 

Public  funds    (see  also   Public  Moneys)  — 

Accurate  entry  of  each  sum  to  be  kept 1050 

Delinquencies;    procedure    1036 

To  be  rendered  by  distinct   items 1051 

Public  property   (see  also  Property  accountability  and  Public  property)  — 

Deficiencies  ;  affidavit  may  be  accepted  ;  when 1179 

Loss  of  vouchers  or  company  books  ;  affidavits  may  be  accepted  ;  when —  79 

Lost,    credit   for;    when 1142 

Lost  in  transit ;  deductions  for 1143 

Oaths  in  settlement  of;  who  may  administer 1178 

Quarterly,   transmission   of,   time   for 1044 

Receiving  officers  ;   rendition   of 1 1049 

Receipts  and  expenditures,  to  be  kept  by  auditors ;  method  of 1172 

Reexamination  of -  85,  1063 

Rendition  of — 

By   distinct   items 1051 

Time    for    1047,  1048, 1180 

Requisitions  for  advances  of  funds _  1071-1074 

Revision   of — 

Certificate   of  differences   on .__,._-  1065 

Settled  accounts;  time  limit : 86 

When    permissible    —  1063 

Settlement   of — 

Between  Engineer  Department  and  another  bureau  of  the  War  Depart- 
ment       1067 

Between  Medical   Department  and   other  bureaus  of  the   War  Depart- 
ment       1068 

Between    Military    Academy   and    other    bureaus   of    the    War    Depart- 
ment     

Between  Signal  Corps  and  other  bureaus  of  the  War  Department 1066 

Company  commanders,  in  case  of  loss  of  voucher  or  company  books 1179 

Deceased  officers  and  enlisted  men 

Decree  of  Court  of  Claims  to  act  as  a  credit  in 123 


INDEX.  247 

Accounts — Continued. 

Settlement   of — Continued.  Paragraph. 

In   Treasury   Department 73 

Line  officers,   for  pay  due 1031 

Officers   in   the   District   of   Columbia 1038 

Officers   and   enlisted   men,    where   evidence   of   honorable   discharge    is 

necessary 1032 

Particular   accounts  ;    by    whom • 1064 

To   whom   rendered 167 

Unadjusted   for   three   years 149 

Upon   presentation   of  outstanding  checks 1080 

Where  evidence   of   honorable  discharge   is  necessary 1032 

Where   further   evidence   is   necessary 1162 

Suspended   items,    revision   of   original   settlement 1162 

Transmission  of 1044,1047 

Unadjusted   for  three   years,   settlement   of 149 

Unsettled  for  three  years,  petitions  for  settlement  of 149 

Witnesses  for  the  Government,  to  be  audited  and  paid  ;  restriction 410 

Accrued  leave  (see  also  Leave  of  absence)  : 

Amount  of,   limited 492 

Computation   of    492-495 

Acting  judge  advocates  (see  also  Pay  of  the  Army)  : 

Rank,    pay   and   allowances 462 

Adding  machines: 

Exchange  of,  in  part  pay  for  new 180 

Additional  pay  (see  also  Enlisted  men,  increased  pay,  and  pay  of  the  Army)  : 

Accrues  for  one   classification  only 590 

Aids    430 

Alaskan  Cable  &  Telegraph  System  ;  enlisted  men  employed  on 601 

Army   Service   Detachment,   West   Point 1 598 

Civilians- 
Employees  on  harbor  boats  in  lieu  of  subsistence 934 

Extra    services,    none    for  ;    exception 944 

Foreign  service 933 

Lump-sum   appropriations   not   available   for 943 

Engineer  Detachment 334,  335 

Enlisted  men  (see  also  Extra  duty  pay)  — 

Accrues    for    one    classification    only 584, 590 

Artisans,   at   department   headquarters,   etc 585 

Aviation    duty    295 

Bonus  for  reenlistment  in  time  of  peace 606 

Bounty  for  reenlistment  in  time  of  war 607 

Casemate  electricians 590 

Certain,  employed  on  Washington-Alaska  Cable  &  Telegraph  System 601 

Certificate   of   merit,    when    granted 587 

Chief   loaders 590 

Chief   planters 590 

Clerks,    etc.,    when    acting    as 585 

Constant  labor  of  not  less  than  10  days'  duration 585,  601 

Construction    work,    when    employed    on r 585 

Continuous  service 635 

Coxswains 590 

Disciplinary    barracks,    duty   at . 582 

Disciplinary    barracks    guards 599,  600,  796 

Dispensary    assistants,    when    detailed    as 588 

Expert    first-class    gunners 590 

Expert    riflemen 590 

Foreign   service    (see   Foreign   service) 310-313 

Guards,    disciplinary    barracks 599,600,796 

Gun  commanders 590 

Gunners,    first   and   second   class 590 

Gun    pointers 590 

Instructor  cooks  at  school  for  bakers  and  cooks r>92 

-Limited  to  one  classification 534,  590 

Marksman,  etc 590 

Mrdical    Department ;    detailed    as   dispensary    assistants,    nurses,    and 

suruical  assistants--  588 


248  INDEX. 

Additional    pay — Continued. 

Enlisted  men — Continued.  Paragraph. 

Mess  sergeants,  when  acting  as 589 

Mess  stewards  and  cooks  at  recruit  depots 592 

Nurses,   when  detailed  as 588 

Observers,    first    and    second    class • 590 

Plotters,    etc 590 

Recruiting    depots,    duty    at 582,  583,  592 

Recruiting   stations,   duty   at 591 

Reenlisting   in    Regular   Army    Reserve 589 

Reenlisting  in  time  of  peace,  bonus  for 606 

Reenlisting  in  time  of  war,  bounty  for 607 

Restriction  governing , 584,  590 

School  teachers,  at  headquarters  of  departments,  etc 585 

Sharpshooters,     etc 590 

Stenographic  reporters,   when  acting   as 596 

Surgical  assistants,  when  detailed  as 588 

Switchboard   operators,    acting    as 594,  595 

Washington-Alaska    Cable    &    Telegraph    System ;    certain,    when    em- 
ployed  on 601 

Military  Academy.     (See  Military  Academy.) 
National  Guard.     (See  National  Guard.) 
Nurse  Corps.     (See  Nurse  Corps.) 
Advances  of  public  moneys  (see  also  Public  moneys)  : 

Contractors,   during  present  emergency „  1075 

Contracts  requiring,   to  be  filed  with  auditor 1070 

Delays  in  transmitting  accounts ;  procedure 1044, 1073 

Disbursing    officers ;    when 1070 

Not  authorized  ;  when 1070 

Persons  employed  on  distant  stations 1070 

Requisitions  for,  preparation  of 1164 

Requisitions  for,  to  be  sent  to  auditor  for  action 1074 

Not   to   be   countersigned   by    comptroller 1074 

Restrictions  governing 1070 

Subscriptions  to  newspapers,   magazines,   etc.,  allowed  for 1071 

Travel  pay,  civilians  attending  training  camps,   for  return  journey 77^ 

Where  monthly  accounts  have  been  received 1044 

Advertising: 

Army   supplies,   publication   of 169-172 

To  state  preference  for  American  production 184 

Authority  for,  to  be  in  writing 1 

Bills  for,  not  to  be  paid  unless  accompanied  by  written  authority  for 1 

District  of  Columbia;   newspapers  in  which  to  appear 3 

Rates   not   to   exceed   commercial   rates 3 

Written    authority    necessary    for 3 

Pacific  coast ;  cities  in  which  same  shall  appear 184 

Publication  of  ;   authority   necessary   for 1 

Rates   in    the   District   of    Columbia . 3 

'     Rates  to  be  ascertained  from  sworn  statements 2 

Rates    to    be    charged 2 

Special   rates   may    be   secured;    when 2 

Supplies   for   executive    departments 192 

Agents  (see  also  Disbursing  agents  and  sureties)  : 
Surety    companies — 

Death  of,  service  on  clerk  of  court 39 

Outside  of  State  where  incorporated 39 

Power  of  attorney   necessary   when   appointed 39 

Aide-de-camp : 

Additional   pay   of 430 

Number  allowed  each   major  and   brigadier   general 429 

National   Guard    (see  also  National   Guard) 702 

Alcoholic  liquors: 

Issue   and  sale  of,   to  officers  and  enlisted   men  prohibited 398,  399 

Not  to  be   supplies   in   canteens 398 

Allotments  of  pay: 

Authority    for    making, 602 

Civilian    employees  :    when 935 


INDEX.  249 

Allotments  of  pay — Continued.  Paragraph. 

Credit  to  disbursing  officers  for  payment  of 603 

Distribution    of  ;    by   whom ; 850 

Enlisted    men — 
Compulsory — 

Additional,   Class  B,  exemption   from 847 

Amount    of,    monthly 839 

To   be   certified   by   War   Department 851 

Apportionment    of 849 

Payment   of;   by   whom 850 

Persons  to  whom  provisions  apply 837,  838 

Release  from  ;   when 838 

Erroneous  payments  to  be  collected  from  responsible  officers 604 

Exemption   from  ;  'when 838 

Modification     of . 851 

Retired  enlisted  men  on  active  duty — ^ 602 

Retired  oflicers  on  active  duty 602 

Treasury  Department  to  make  all  payments  of 850 

American  antiquities: 

Preservation  of  (see  also  Public  lands) 1021-1024 

American  National  Bed  Cross: 

Loan  of  public  property  to  ;  bond  required 1187 

Return  of,  when  called  for 1187 

Revocable   leases  in  public  lands   granted  to . 1018 

Storehouses ;    use    of,    etc.    1018 

Annual  estimates  (see  also  Estimates)  : 

Additional   explanations   required ;   action  in  case   of 1137 

Affecting  revenues   of  the  District ;   time   limit 1134 

All  to  be  transmitted  at  same  time 1122 

Amount  of  outstanding  appropriation  to  be  designated 1126 

Apportionment  of  appropriations,  waived  or  modified,  to  be  communicated 

to  Congress . 6 

Barracks   and  quarters  ;   construction   of 1207 

Book  of  Estimates  ;  to  be  included  in 1122 

Classification  and  compilation   of  ;   by   whom 1140 

Compensation    of    oflicers _ 1127 

Compilation  of,  officer  to  be  designated 1140 

Departmental;  filing  of;   time  limit 1118 

Explanations  of  variations  and  new  items  required— 1137 

Filing  of;  time  limit 1118 

Fiscal  year,  when  to  commence 1136 

General    or   lump-sum   appropriations 1138, 1139 

Manner   of   communicating,    etc 1123 

National  Cemeteries  ;  care  and  maintenance  of 231 

New  items  ;  explanation  of,  required 1137 

Official  to  be  designated  by  each  department  to  supervise  and  prepare 1148 

Passenger-carrying  vehicles  ;   sums  necessary  for  purchase,  etc.  of 23 

Payment  of  judgments;   transmittal  of 1128 

Preparation   of — 

Amount  of  outstanding  appropriations  to  be  designated 1126 

Full  explanations  of  all  variations  and  new  items  required 1137 

Manner  of  communicating 1123 

Officer  to  be  designated 1140 

To  be  as  now  required  by  law 1121 

To  follow  order  of  preceding  year's  appropriations 1120 

Printing  and  binding 997, 1001,  1124 

Public  works,  preparation  of 1125 

Rearrangement  of,  when  not  conforming  to  requirements 1131 

Repairs,  etc.,  public  buildings 1129 

Rifle  ranges  for  civilian  instruction 777 

Salaries  ;  to  be  founded  upon  express  provisions  of  law 1127 

Submission  of,  through  Secretary  of  War 1117, 1119 

Time  limit 1118 

Supervision  of;  by  whom 1140 

To  be  included  in  Book  of  Estimates • 1117,  1122 

When  to  be  submitted 1118 

To  follow  order  of  preceding  year's  appropriations 1120 


250  INDEX. 

Annual   estimates— Continued.  Paragraph. 

Transmission  of 1118,  1122 

Transportation  of  the  Army  and  its  supplies;  preparation  of 1130 

Variation  ;    explanations    required 1137 

When  to  be  submitted -  1118, 1122 

Annual  leave  (see  also  Leave  of  absence)  : 

Employees    of   arsenals,    etc 913 

Clerks,  etc.,  executive  departments 909 

Pay  to  stop  at  expiration  of,  granted 912 

To  be  exclusive  of  sick  leave 910 

To  be  exclusive  of  Sundays  and  legal  holidays 911 

Commissioned   officers -  491,  495 

Members  of  Officers'  Reserve  Corps,  duty  with  troops  or  field  exercises,  time 

necessary  for  not  to  be  deducted  from 916 

Members  of  National  Guard  for  parades  and  encampments,  time  necessary 

for  not  to  be  deducted 914 

For  field  or  coast  defense  training,  not  to  be  deducted 915 

Per  diem  employees 913 

Annual  reports  (sec  also  Reports  and  annual  statements)  : 

Estimate  of  probable  demands  on  unexpended  balances  to  be   reported  to 

Congress 10 

Losses  or  damages  due  to  maneuvers,  etc 108 

Preparation  of,  etc 10 

Printing  of,  restricted 1002,  1003 

Proceeds  of  sales  of  old  material 1132, 1133 

Proceeds  of  sales  ;  statement  to  be  rendered  ;  time  limit 1157 

Subsistence,  none  required  for 1158 

Public  buildings  ;  leases  to  be  included  in 1017 

Rental  of  public  buildings  in  the  District 1255a,  1256 

Preparation  of 1257 

Annual  statements: 

Rendered    by    Quartermaster    General — 

Condition  of  business,  etc 1249 

Number  of  employees  and  salaries  of  those  below  a  fair  standard  of 

efficiency 1250 

Traveling  expense  of  officers  and  employees 1252 

Applicants  for  enlistment: 

Transportation  of  ;  authority  for 1265 

Meals  for.      (See  Annual  appropriation  acts.) 
Antletam  battle  field.     (See  National  cemeteries.) 
Appointments.     (See  Employment  and  personnel — Civilians.) 
Apportionments.     (See  Appropriations  and  public  moneys.) 
Appropriations  (see  also  Public  moneys)  : 

Accounted  for  under  distinct  items 1049 

All  for  "  Pay  of  the  Army"  to  constitute  one  fund 1098 

All  for  "Supplies,  services,  and  transportation"  to  constitute  one  fund 8 

Amount  of,  how  determined 5 

Annual  report  to  be  rendered  (see  also  Annual  Reports)--  10 

Application  of  balances,  accruing  from  lapsed  salaries.-  16 

Remaining  on  books  of  Treasury  for  two  years 11,  14 

To  be  applied  only  to  expenses  incurred  during  current  year !•'» 

To  be  construed  as  a  new  appropriation 12 

Unexpended,  at  end  of  fiscal  year 13 

Apportionment   of,    how    made 6 

Apportionments,  waived  or  modified;  procedure  in  case  of <> 

Army;   not  available  for  post  gardens  or  exchange IN 

Available  for  purchases  for  future  years 9 

Bakehouses,  for  equipment  of 7 

Balances  of  {see  also  Balances  and  public  moneys)  — 

To  be  included  in  surplus  fund  warrant 11,  14 

Unexpended,    application    of 13 

Diversion  of,  construed  as  a  new  appropriation 12 

Remaining  on  books  of  Treasury  for  two  years 11 

To  be  carried  to  surplus  fund 11,  13 

Breeding  of  horses . -  198.  190 

Burials.      (See  National  cemeteries.) 

Citizens'   training  camps,   maintenance,   etc.,   of 771.7K5 


INDEX.  251 

Appropriations — Continued.  Paragraph. 

Claims  for  damages  to  and  loss  of  private  property  due  to  target  practice  ; 

how  long  available 97 

Construction  of  public  buildings  ;  how  long  available 15 

Contingent  expenses;  how  apportioned 6 

Contingent  fund;  apportionment  of 1083,1084 

Contracts  not  to  exceed;  exception 176,186 

Disbursements.      (See  Disbursements.) 

Disposition  of  after  two  years 14 

Drawing  of,  from  Treasury;   procedure 1163 

Expenditures  not  to  exceed  appropriations 22 

Fiscal   year,   when   to   commence 1136 

Funds  available  for  future  years 9 

General  or  lump-sum — 

Estimates  for;   requirements,  etc 1138 

Uniform  method  to  be  prescribed 1139 

General  purposes  ;  how  apportioned . 6 

Heat  and  light;  commutation  of 449 

Horse  races;  expenses  of  officers  and  horses  attending;  payment  of 19 

Horses  for  Cavalry,  Artillery,  and  Engineers 205 

Horses    (National   Guard) 691,692 

Internments.      (See  National  cemeteries.) 

Kitchens  and  mess  halls  ;  for  tableware  and  mess  furniture 7 

Limitations  governing — 

Expenditures  and  contracts 22 

Horse  races,  etc. 19 

Horses;  breeding  of 198 

Official  or  clerical   compensation , 17 

Payment  of  accountants  and  other,  experts = 20 

Payment  of  permanently  incapacitated  persons 

Post  gardens  and  exchanges 18 

Purchase  of  motor-propelled  or  horse-drawn  passenger-carrying  vehicles  23 

Typewriting  machines  ;  price  to  be  paid 21 

Lump-sum — 

Employees  paid  from  to  have  salary  increased  during  fiscal  year  1918—  930 

Personal  services  not  to  be  paid  from  ;  exception 942 

Rate   of 943 

Mileage;  not  available  for  inspections  and  investigations;  exception 507 

Military  Academy  (see  also  Military  Academy)  : 

Disbursed  and  accounted  for  by  Quartermaster  Corps 321 

Polo  ponies;  purchase  of 205 

Settlement  of  transactions  between  bureaus  of  the  War  Department 322 

Militia.      (See  National  Guard.) 

National   cemeteries.      (See  National   cemeteries.) 

National  Guard.      (See  National  Guard;) 

Nurse  Corps.      (See  Nurse  Corps.) 

Offenses   (see  also  Offenses  and  penalties)  — 

Apportionment  of  appropriations,  waived  or  modified 6 

Pay  of  the  Army,  to  be  disbursed  as  one  fund 1098 

Permanent,  how  determined 4 

Pos-t  bakeries;  to  carry  on 7 

Post  schools  and  libraries;  for  equipment  of,  etc 7 

Printing  and  binding 994,  1003 

Public  buildings  ;  construction  of,  how  long  available 15 

Rental  of,  District  of  Columbia _   1254-1257 

Public  lands;  purchase  of 1004,1008 

Purchases  for  future  years;  funds  available  for 9 

Quartermaster  Corps — 

Pay  of  the  Army,  to  constitute  one  fund 1098 

Supplies,  services,  and  transportation,  to  constitute  one  fund 8 

Quarters  ;    commutation    of 449 

Construction  of.      (See  Barracks  and  quarters.) 
Remains   of    soldiers ;    reimbursement    for    expenses    of    transportation    and 

burial - 263-265 

Restrictions  governing  (see  also  Limitations  governing)  — 

Breeding  of  horses 198 

Distribution  of  publications 1209 


252  INDEX. 

• 
Appropriations — Continued. 

Restrictions  governing — Continued.  Paragraph. 

Mileage    507 

Not  to  be  applied  to  printing  and  binding  ;  when 997 

Payment  of  Army  service  detachment  from  Quartermaster  Corps  funds.  598 

Pay  of  officers  not  citizens  of  the  United  States 427 

Public  vehicles  used  for  private  use 1215, 1216 

Rifle  ranges  for  civilian  instruction  ;  how  long  available 781 

Roadways.      (See  National  cemeteries.) 

Signal  Corps,  transfer  of  funds  for  pay  of  reserve  officers  and  men 297 

Specific  or   indefinite,   not   permanent  without  reference   to   a  fiscal   year ; 

exceptions 4 

Subsistence  of  the  Army  (see  also  Rations  and  subsistence)  — 

Amount  available  for  purchase  of,  for  sales  to  officers,  etc 1099 

Sick  in   hospitals,   Canal  Zone 407 

Supplies,  purchase  of,  for  subsequent  fiscal  years 9 

Supplies,  services,  and  transportation  ;  combination  of  funds  as 8 

Support  of  the  Army  ;  available  for  purchases  for  future  years 9 

Surplus  fund;  balances  not  needed  to  be  carried  to 11,13 

Tableware  for  kitchens  and  mess  halls 7 

Target  practice  ;  payment  of  claims  for  loss  or  damage  to  private  property  ; 

how  long  available 97 

Total  amount  of;  how  determined 5 

Training  camps.      (See  Citizens'  training  camps.) 

Typewriting  machines;  price  to  be  paid 21 

Unexpended  balances — 

Application  of;  restriction ; 13 

Disposition  of  after  two  years 11,  14 

Diversion  of,  construed  as  a  new  appropriation 12 

Estimte  of  probable  demands  on,  to  be  included  in  annual  report 10 

How   applied 13 

How    deposited 11 

How   covered  into  Treasury 11 

Lapsed  salaries  ;   disposition  of 16 

Public  buildings;  how  long  available 15 

Reappropriation  and  diversion  of 12 

Remaining  on  books  of  Treasury  two  years,  to  be  carried  to  surplus 

fund 11,  13 

To  be  accounted  for  as  a  new  appropriation 12 

To  be  included  in  surplus-fund  warrant 14 

Arlington  National  Cemetery  (see  also  National  cemeteries)  : 

Burial  of  ex-soldiers,  etc.,  dying  in  the  District 248 

Reburial  of  Confederate  soldiers  in 270 

Superintendent  of,  pay  and  allowances 260 

Army  field  clerks: 

Pay   and  allowances   of 284,  286,  289 

Subject  to  rules  and  articles  of  war 284 

Army  nurses  (see  also  Nurse  Corps)  : 

Burial  of,   in  national   cemeteries 247 

Army  service  schools: 

Instruction  at,  officers  and  enlisted  men  of  the  National  Guard •. '       696 

Pay  and  allowances 697 

Army  Reserve  (see  also  Regular  Army  Reserve)  : 

Enlistments  in,  discharged  enlisted  men 631 

Army  stores: 

Sale  of,  to  American  citizens  engaged  in  work  abroad  authorized 1061 

Army  Volunteers.     (See  Claims,  pay  of  the  Army,  and  Volunteers.) 
Army  wagons.     (See  Public  vehicles.) 
Artificial  limbs : 

Transportation  for  fitting  of;  reimbursement  for 1276 

Artillery  Board: 

Computer  of;  pay,  etc 300 

Assignments.     (See  Details.) 
Assignments  of  pay: 

Commissioned  officers  ;   authority  for 417 

Contract  surgeons;  when 302 

Enlisted  men  ;  prior  to  discharge,  not  authorized 605 


INDEX.  253 

Attorneys:  Paragraph. 

Department  of  Justice  to  act  for  Government ;  exception 69 

Employment    of,    restricted 62 

Fees  ;  not  to  be  deducted  in  certain  cases 84 

For  departments  ;   how   provided 62,  70 

Attorney  General  (see  also  ClaimS'and  Court  of  Claims)  : 

Department  heads  to  notify  when  services  of  counsel  are  required 70 

Examination  of  witnesses  to  be  provided  for  by 70 

Procedure  in  certain  cases 61 

Temporary  vacancy ;  who  should  act  for 1266 

Title  paper  to  be  furnished  to 1217 

To  provide  for  professional  services  for  examination  of  subpoanaed  witnesses.  60 

To  provide  for  professional  services  for  examination  of  witnesses  for  claims.  69 
Written  opinion  of,  required  before  expenditures  are  incurred  in  construction 

of   permanent  buildings 1217 

Auditor  for  the  War  Department  (see  also  Accounts  and  public  moneys)  : 
Accounts — 

Adjustment  of;  where  made 73 

Audit    of 1040,  1044, 1064, 1172,  1175 

Certified 1162 

Contracts  abroad,  appointment  of  assistant  auditor 1058 

Disbursing  officers  transmitted  to  and  recorded  by   (see  also  Disburs- 
ing officers) 1162 

Duties    of    reference . 1171, 1173 

Finally  adjusted,   to   be   preserved   by 1172 

Line  officers,  for  pay  due 1031 

Reexamination  or  payment  of 1063 

Settlement  of;  where  made 73 

Transmission  'to 1044 

Advances  of  funds.      (See  Advances  of  public  moneys.) 

.    Appeals  from  decision  of 1063 

Armories  and  arsenals,  accounts  relating  to 1171 

Assistant  auditor,  appointment  of 1058 

Balances,  certified  by,  to  be  final,  etc.,  exception 1063 

Bonds.      (See  Bonds.) 

Bounties  ;  clerk  to  be  detailed  to  sign 1173 

Certificate  of  differences  upon  revision  by  comptroller,  adjusted  by '         73 

Certificate  of,  to  accompany  warrants  in  certain  cases 1164 

Arrears  of  pay,  etc.,  deceased  officers  and  enlisted  men,  adjusted  by_: 73 

Claims  (see  also  Claims)  — 

Adjustment   of 73 

Where  made 73,  148 

Administrative   examination   of  ;  by   whom 71 

Arrears  of  pay,  deceased  officers  and  enlisted  men 305 

Not  administratively  examined 71 

Arrears  of  pay,  deceased  Officers  and  enlisted  men 305 

Reexamination    of 85,  1063 

Settlement    of;    where    made 73,148 

Transmission     to 1044 

Contracts  in  certain  cases  to  be  deposited  with 218,  219 

Debts  due  the  United  States  ;  recovery  of  under  supervision  of 1169 

Decisions  by — 

Accounts  of  disbursing  officers  affected  by 1063 

Appeals   from , 1063 

To  be  reported  ;  to  whom L 72 

Designation  changed  to 1166 

Division  of  Bookkeeping  and  Warrants - 1168 

Duties  of — 

Examination  of  accounts 1171 

Not  to  be  added  to  or  modified  by  change  in  designation il67 

To   preserve   accounts  finally  adjusted 1170 

To  recover  debts i 1169 

Final  judgments  made  on  settlements  by 148 

Judgments  against  the  United  States  ;  payment  of  by 148 

Military  Academy   (see  also  Military  Academy)  — 

Accounts  relating  to,  to  be  received  and  examined  by 1171 


254  INDEX. 

Auditor  for  the  War  Department — Continued.  Paragraph. 

Military  establishments  ;  accounts  relating  to,  to  be  received  and  examined 

by--  1171 
National    cemeteries ;    accounts    relating    to,    to    be    received    and    examined 

by--  1171 

Powers   conferred   on,   public   moneys  disbursed  abroad 1053 

Revisions    of    settlements 1162 

Revision   of  suspended   items   finally   settled 1162 

Settlements   made  by,  conclusive 1162 

Signature   to   certificates,   etc.,   relating   to   bounties 117.°. 

War  Department;  accounts  relating  to  under  jurisdiction  of 1172 

Aviation  duty  (see  also  Additional  pay  and  increased  pay)  : 

Aviators,  Signal  Corps;  rank,  pay,  and  allowances 294 

Commissioned  officers  ;  detail  of,  increased  pay  for 290 

Junior  military  aviators;  increased  pay  for;  when 292 

Military    aviators 293 

Mileage    and    transportation    allowances,     officers    and    men,     foreign 

armies 512 

Pay  of  reserve  officers  disbursed  by  officers  of  Quartermaster  Corps 297 

Reserve    officers,    payment    of 297 

Payment  in  case  of  death  as  result  of  accident 452 

Temporary  forces,   Signal   Corps,  pay,  etc 416,  575 

Aviators,  foreign  armies : 

Mileage   and   transportation    allowances 512 

Aviators,  Signal  Corps: 

Appointment    and    detail 294 

Discharge   of;   when 294 

Grade    created 294 

Increased  pay  for  length  of  service 294 

Pay   and   allowances 294 

Badges : 

Campaign   (see  footnote) 1302 

Certificate  of  Merit  (see  also  Medals) — 

Additional  pay  for,  when  granted 587 

Authority  for  granting  of 230 

Baggage : 

Transportation  of   (see  Transportation). 
Balances  of  appropriations  (see  also  Appropriations  and  public  moneys)  : 

Accounts  contracted  abroad 1054.  1055 

Accruing  from   lapsed  salaries 16 

Annual  report  to  be  rendered  Congress  of 10 

Application  of  ;  not  applicable  to  permanent  or  indefinite  appropriations 13 

Restriction    governing 13 

Certified,  conclusive  on  executive  departments 1063 

Clothing  allowance,  enlisted  men  on  discharge 608 

Construction  of  public  buildings;  how  long  available 15 

Covered  into  Treasury  ;  how 11 

Disbursing  officers ;  neglect  or  refusal  to  pay  into  Treasury—  1069 

Disposition  of,  after  two  years 

Estimate  of  probable  demands  on,  to  be  reported  to  Congress--  10 

Lapsed  salaries;  disposition  of 

Reappropriation  and  diversion  of,  construed  as  a  new  appropriation 12 

Remaining  on  books  of  Treasury  for  two  years 

Sales  of  surplus  ice,  electric  light  and  power,  and  laundry  work 1154 

Surplus  fund  warrant,  funds  to  be  included  in__ 

To  be  included  in  surplus  fund  warrant 

Unexpended  (see  also  Unexpended  balances)  — 
Disposition  of  after  two  years- _ 

Reappropriation  and  diversion  of 

To  be  construed  and  accounted  for  as  a  new  appropriation--  12 
Bands  (see  also  Pay  of  the  Army,  enlisted  men)  : 

Assistant  band  leader,  pay,  etc -  573,  574 

Band  leader,  pay,  etc 

Musicians,  first,  second,  and  third  class,  pay,  etc__  -  573.  574 

Banks  (see  also  Depositaries)  : 

Designated  for  safe-keeping  of  public  funds 1091,  1093 


INDEX.  255 

Barracks  and  quarters  (see  also  Public  buildings)  :  Paragraph. 

Bakehouses,  equipment  of,  appropriation  from  which  payable 1229 

Coast  Artillery  ;  construction  and  enlargement  of,  amount  allowed 1223,1224 

Construction  of — 

Contracts  not  to  exceed  appropriations 1226 

Penalty 1227 

Work    to    be   performed    under   direction    of    officers    of   Quartermaster 

Corps 1232 

Contracts  for  to  be  separated  in  each  case 1228 

Enlargement,  seacoast  defenses,  cost  limited _  1223,  1224 

Eight-hour  law  for  laborers,  etc 1234,  1235 

Expenditures   exceeding   $500 1218 

Exceeding   $20,000 1 1217 

Fuel  in  kind  to  be  furnished  for  (see  also  Fuel  and  forage) 484,488 

Hospital   stewards'   quarters! .     1221 

Kitchens  and  mess  halls 1229 

Moving  pictures  ;  rental  of  films,  purchase  of  slides,  etc.,  appropriation  from 

which  payable 1230 

Officers'   quarters 1219 

Philippine    Islands 1220 

Performance  of  work  to  be  done  under  direction  of  officers  of  the  Quarter- 
master  Corps 1232 

Permanent  buildings  ;  detailed  estimate  to  be  submitted 1217 

Preference  to  be  given  American  material 1225 

Post  exchanges  ;  construction,  equipment,  and  maintenance  of 1230 

Repair  of,  to  be  contracted  for . 1218 

Work  to  be  performed  under  direction  of  officers  of  the  Quartermaster 

Corps 1232 

Seacoast    defenses;    cost    limited * 1223,1224 

To  be  contracted  for 1218 

Beneficiaries  (see  also  War-risk  insurance)  : 
Civilians- 
Injuries  received  in  the  service 965 

Computation  of  lump  sum  commutations 969 

Enlisted  men,  deposits  of  pay 841 

Nurse  corps,  death  or  disability  contracted  in  line  of  duty 852 

Officers  and  enlisted  men- 
Death   in   the  service 853 

Disability  contracted  in  line  of  duty — 

Partial,  compensation  in  case  of 854 

Total,  compensation  in  case  of 854 

Gratuity  pay,  death  in  the  service 450 

Death    resulting  from   aviation   accident 452 

Bids  (see  also  Contracts  and  purchases  and  opening  of  bids)  : 

Failure  to  fulfill  contracts 211 

Offenses  relating  to.      (See  Offenses;  Fines  and  penalties.) 
Opening  of — 

Bidders  to  be  notified  of  time  and  place  for 214 

Rules  and  regulations  to  be  prescribed  by  Secretary  of  War 212 

Preparation  of : 213 

Written  guaranty   to  accompany 213 

Bills.     (See  Accounts.) 
Blank  forms: 

Public  moneys  ;  for  keeping,  etc.,  of ;  by  whom  prescribed 1043 

To  be  furnished  officers  authorized  to  make  contracts 218 

Board  of  survey  (see  also  Property  accountability  and  public  property)  : 

Who  authorized  to  act  as 1202 

Boats.     (See  Transports  and  transportation  by  water.) 

Book  of  Estimates  (see  also  Annual  estimates  and  estimates)  : 

Annual  estimates  to  be  included  in 1117, 1122 

Departmental  estimates  to  be  included  in 1118, 1122 

Time  for  transmission   of 1118 

Special  or  additional  estimates  to  be  included  in 1122 

Books,  law  and  reference : 

Purchase  of 191 


256  INDEX. 

Bonds  (see  also  Sureties  and  surety  companies  as  sureties)  : 

Agents,    surety    companies —  Paragraph. 

Appointment  of  in  judicial  districts  where  suretyship  is  undertaken 37 

Copy  of  power  of  attorney  to  be  filed 

Power  of  attorney  necessary  when  appointed 87 

Vacancies  ;  service  of  process 39 

American  National  Red  Cross;  loan  of  public  property 1187 

Approval  of  ;   by  whom '. 36 

Bidders' ;  requirements  of '. 213 

Companies  estopped  from  denying  power ^° 

contractors' — 

Actions  brought  by  Government _  51 

Actions  by  parties  for  materials,  etc.,  furnished 51 

Time  for  instituting 

Approval  of  ;  discrimination  forbidden 36 

Failure  to  file  within  prescribed  time 213 

Judgment  where  bond  is  inadequate 54 

Labor  and  material  men,  for  protection  of 49,  51 

Nonpayment  for  labor  and  materials ;  rights  of  persons,  corporations, 

etc 50 

Notice  to  sureties 56 

Parties  furnishing  materials,  etc.,  may  intervene  ;  distribution 50 

Penal  bond  to  include  security  for  labor,  etc 49 

Qualifications  and  procedure  necessary  to  transact  business 44 

Requirements  of 213 

Security  for  labor  to  be  included  in  penal  bond 49 

Suits;  creditors  limited  to  a  single  action 53 

Judgment  where  bond  is  inadequate 54 

Payment  by  sureties  on  bond 55 

Personal  notice  to  creditors  ;  publication  of 56 

Supplies   for  executive   departments 192 

Sureties  liability  relieve*;  when 55 

Time  limit • 52 

Uniting  creditors  in  one  action;   distribution 50 

Written  guaranty  to  accompany  bids 213 

Disbursing  officers'  (see  also  Disbursing  officers)  : 

Amount  of,   etc 24,  25 

Increase  of,  etc 24,  26 

Renewal  of;  how  often 

Discrimination  forbidden 

Educational  institutions  ;  care  and  safe-keeping  of  property  issued  to 757 

Examination  of;  how  often 

Executed  by  surety  companies  accepted  as  surety .     35 

Failure  to  comply  with  provisions;  penalty  for 43 

Forging  of,  etc. ;  penalty 

Guaranteeing  of;  by  whom 36 

Judgments ;  forfeiture  of  rights  on  failure  to  pay 41 

Jurisdiction  of  United  States  courts 40 

National  banks  designated  as  depositaries  of  public  funds 1091 

Requirements  waived  in  Philippine  Islands 1093 

National  Guard  ;  property  and  disbursing  officers  of -_-  711,  712 

Offenses.     (See  Offenses,  Fines,  and  Penalties.) 
Officers : 

Amount   of,   etc 24,  25 

By   whom   furnished 24,25 

Deficiencies  to  be  reported 

Duration  of  liability 

Examination  of;  how  often 

Increase  of;  President  authorized  to  order '. 24,26 

Liability  not  to  be  affected  by  nonperformance  of  requirements 31 

Liability  of  sureties;  period  to  continue 

Militia.      (See  National  Guard.) 

New;  requirements  of;  when  permissible  to  waive 29 

Nonperformance  of  requirements  not  to  affect  liability 

Nonreceipt  of  notice  of  default .-• 

Petition   for   release 1263 

Premiums  on  ;  no  part  to  be  paid  by  United  States 48 


INDEX.  257 

Bonds — Continued. 

Officers — Continued.  Paragraph. 

Premiums;   rates  of  fixed  by  law 47 

Release  of  sureties 34 

Renewal  of;  how  often 29,30 

Sufficiency  of  to  be  ascertained  ;  how  often 28 

Sureties  on,  released  after  five  years  without  suit 34 

Special   agents 27 

Penalty  for  failure  to  comply  with  provisions  of__  43 

Premiums  on  ;  not  to  be  paid  by  United  States • 48 

Premiums,  rate  of  fixed  by  law 47 

Public  funds;  banks  designated  as  depositaries  of 1091 

Requirements  waived  in  the  Philippine  Islands 1093 

Quartermasters 24,  25 

Renewal   of,   how   often 30 

Renewal   of,   how   often 29,  30 

Service  of  process  during  temporary  vacancies,  etc 39 

Special   agents 27 

Sufficiency  of,  to  be  ascertained;  how  often 28 

Waivers  in  cases  of  officers  of  the  Quartermaster  Corps 25 

Surety  companies  as  sureties — 

Additional  security;  who  may  require . 46 

Agents  of;  service  of  process,  temporary  vacancies 39 

Appointment  of  agents  in  judicial  districts  where  surety  undertaken 37 

Approval  of;  by  whom 36 

Assets  and  liabilities  ;  report  to  be  filed 45 

Charter  ;  copy  to  be  filed  with  Secretary  of  Treasury 44 

Estopped  from  denying  power 42 

Executed  by;  acceptance  of 35 

Failure  to  comply  with  provisions  of  law  governing;  penalty 43 

Forfeiture  of  rights  on  failure  to  pay  judgments 41 

Guaranteed  by;  acceptance  of 35 

Jurisdiction  of  United  States  courts 40 

Premiums    limited 47 

No  part  to  be  paid  by  the  United  States 48 

Priority   of 106 

Procedure  and  qualifications  necessary  to  transact  business 44 

Released  after  five  years  without  suit 34 

Revoking  authority,  inquiries,  etc 46 

Solvency  of;  inquiries  to  be  instituted 46 

Statement  of  assets  and  liabilities  ;  how  often  filed 45 

Validity  of  contracts  not  affected  by  noncompliance  with  provisions 43 

Waivers  in  cases  of  officers  of  the  Quartermaster  Corps 25 

When  undertaking  is  assumed 42 

Bonus  for  reenlistment : 

In  time  of  peace 606 

Bounties : 

Clerk  to  be  detailed  to  sign,  etc^ 1173 

Reenlistment  in  time  of  war;  computation  of  amount 607 

Reservists,  upon  reporting  for  active  duty 793 

Boy  Scouts: 

Uniform  of 1305 

Brevet  rank: 

Increase  of  pay  for,  not  authorized 425 

Brigadier  general: 

Horses,  forage  for,  during  service  in  the  field 485 

Longevity  pay  ;   not  entitled  to 497 

Retired  pay  ;  service  during  Civil  War  period  to  1865 550 

Annual  pay,  rate  of 410 

Btiildings.     (See  Barracks  and  quarters  and  public  buildings.) 
Bnrean  of  Insular  Affairs: 

Assistants  to  chief  of  ;  details,  pay,  etc 471 

Chief  of,  appointment  by  President,  pay,  etc 469 

Principal  assistant  to  chief  of;  pay,  etc J 470 

Bureau  of  War-Risk  Insurance.     (See  War-risk  insurance.) 
Burials.     (See  Interments  and  national  cemeteries.) 
Cadets.     (See  Military  Academy.) 

49392—18 17 


258  INDEX. 

Camps.     (See  Citizens'  training  camps  and  Reserve  Officers'  Training  Corps.) 

Candidates.     (See  Military  Academy  and  Officers'  Reserve  Corps.) 

Canal  Zone.     (See  Foreign  service.) 

Captains  (see  also  Commissioned  officers  and  pay  of  the  Army)  :  Paragraph. 

Medical  Corps  ;  pay  on  discharge 481 

Mounted;  horses,  forage  for,  during  service  in  the  field 485 

Pay,  annual,   rate  of 411 

Captivity : 

Pay  of  enlisted  men  and  members  of  the  National  Guard  to  continue  during-  580 

Carroll,  Jennie: 

Payment  to,   monthly 281 

Casemate  electricians.     (Sec  Additional  pay.) 
Carriages  (see  also  Public  vehicles)  : 
Of  the  President- 
Accommodations  to  be  provided  by  the  Quartermaster  General 1253 

Carts   (see  also  Public  vehicles)  : 

Purchase  of,  by  advertisement 201 

Cemeteries.     (See  National  cemeteries.) 
Certificate  of  discharge: 

Duplicate  of,  not  accepted  in  settlement  of  claims 98 

Necessary  in  settlement  of  accounts  ;  by  whom  furnished 1032 

Certificates  of  merit: 

Enlisted   men  ;   additional  pay  for,  when  granted 587 

Chaplains : 

Appointment  of 434,  438 

Military  Academy  ;   appointment  of,  pay,  etc 356 

National  Guard;   pay,  etc 702 

Number    allowed 434 

Promotion    of,   after   10   years   of  service 437 

Rank,  pay,  and  allowances 434,  436,  438 

After  10  years  of  service 437 

Transportation  to  be  furnished;  when 439 

Checks  (see  also  Public  moneys)  : 
Lost,  etc.— 

Action  in  case  of  death  of  issuing  officer 1077 

Duplicates    may    be    issued;    when 1076 

Procedure  after  death   or  separation  from   service 1077 

Outstanding — 

Payment    of;    funds    available    for 1079 

Payment  of;  upon  presentation 1080 

Report  to  be  made  in  lieu  of  returns 1082 

Three  or  more  years,  how  covered  into  Treasury 1078,  1082 

Vouchers  for  drafts  remaining  unpaid 1079 

Sale  of  at  a  profit;  penalty 1035 

Chief  clerk.     (See  Personnel — Civilians  and  Quartermaster  General's  Office.) 
Chief  of  Bureau  of  Insular  Affairs : 

Appointments  of;   pay,   etc 469 

Chief  mechanics.     (See  Additional  pay.) 
Chief  of  Coast  Artillery : 

Rank,  pay,  and  allowances 474 

Chief  of  Staff: 
Office  of — 

Mobile  Army  and  Coast  Artillery  Divisions  abolished  ;  business  trans- 
ferred    314 

Pay   of  employees   298 

(hief  Ordnance  officers: 

Assignment   to   staff   of    an     Army     or     corps    and     division   commanders : 

authority   for 463 

Chief  telegrapher,  Executive  Office: 

Detail   of,   pay,   etc.    467 

Circuit  Court  of  Appeals  (see  also  Claims)  : 

Exercise  of  appellate  jurisdiction  in  district  courts  by 114 

Citizens'  training  camps: 

Appropriation   for*  maintenance  of.   etc.    771 

On  military  reservations 776 

Army  supplies;  use  of  by  persons  attending;  authority  for 771.776 

Camps  of  instruction  ;  authority  for  maintenance,  etc..  of 771 


INDEX.  259 

Citizens'  training  camps — Continued.  Paragraph. 

Candidates,  Officers  Reserve   Corps,   pay  during  training  at —  775 
Instruction — 
Camps  of — 

Authority   for  maintenance  of 

Period  of  maintenance  to  be  prescribed  by  _ 

Course  of,  to  be  prescribed  by 

Pay  of  candidates  of  Officers'  Reserve  Corps  during  training 775 

Proceeds  of  sales,  how  long  available 772 

Rifle  Ranges.     (See  Rifle  Ranges.) 

Sales  of  Quartermaster  property  to  persons  attending,  authorized 771 

Training — 

Course  of,  to  be  prescribed  by 778: 

Maintenance  of  camps  for,  authority,  etc. 771 

Period  during  which  camps  shall  be  maintained  to  be  prescribed  by 773 

Travel  allowance  ;   advance  of  for   return   journey   774 

Rate  of 774 

Uniforms,  sales  of  to  persons  attending  authorized   _  771 
Civilian  marksmanship.     (See  Rifle  ranges  for  civilian  instruction.) 
Civilian  personnel.     (See  Personnel — Civilians.) 
Civilian  witnesses.     (See  Claims  and  witnesses.) 
Civil  pension  roll: 

Establishment    of,   prohibited    948 

Claims  (see  also  Claims  against  the  United  States  and  Court  of  Claims)  : 

Appellate  jurisdiction   of   Circuit   Court   of  Appeals 114 

Appeals  in  Indian  cases,  etc.   151 

Deceased  debtor;   priority  of  United  States 104 

Debts  due  the  United   States — 

Bankruptcy  of  debtor,  priority  of  the  United  States 104 

Liability   of   executors    105 

Payment  of  any  debts  before  debts  due  the  United  States  are  satisfied  : 

executors  held  liable  therefor 105 

Petitions  for  settlement  of  unadusted  accounts 149 

Priority   of   sureties - 106 

Priority  of  the  United  States 104 

Recovery  of,  under  supervision  of  auditor 1169 

To  be  withheld  in  paying  judgments,  etc. 99 

Voluntary  assignment  of  debtor  ;  priority  of  the  United   States 104 

Payment  of  amount  due  on   bond  of  an   insolvent  principal 106 

Rights  of  appeal,  settlement  of  accounts  unadjusted  for  three  years 150 

Claims  against  the  United  States: 

Accruing  prior  to  April  13,  1861 66,  67 

Adjustment   of,   in    Treasury    Department   73 

Administrative  examination  of;  action  where  not  had 71 

Allegations  of  loyalty  may  be  put  in  issue 138 

Aliens;   reciprocal  rights  to  prosecute  claims  in  Court  of  Claims 133 

Allowance  to  prevailing  party 130 

Allowed  ;   amount  due  to  be  reported  to  Congress 107 

Appeals  from  decisions  of  district  courts 114,  115 

Appeals  in  Indian  cases,  etc. 151 

Appeals  ;  right  of,  for  release  under  bond  or  liability  to  United  States 150 

Appellate  jurisdiction  of  Circuit  Court  of  Appeals 114, 115 

Arrears  of  pay,   rules  governing ;   by   whom   prescribed- 1092 

Assignment   of;   procedure 68 

To  be  executed  in  presence  of  witnesses 68 

Attorney  General  to  appear  on  behalf  of  the  United  States 153 

To   provide   for  examination   of  witnesses 70 

Attorneys- 
Attorney    General    to    provide    for 70- 

Employment   of,   how   obtained 60,  62 

Prohibited   by   department   heads 62 

Fees  of;  no  deductions  to  be  made  for 84 

Oaths   of,    when   prosecuting 64 

Who    may   administer 65 

Auditors'    decisions;    making    original    or    modifying    existing    construction 

of  statutes,    to  be  referred   to   comptroller 72 


260  INDEX. 

Claims  against  the  United  States — Continued.  Paragraph. 

Baggage,   regulation  allowance  of,  officers  and  enlisted  men 88 

Balances ;    where    amount    recovered    is    less    than    amount   withheld ;    how 

paid   to  claimant 103 

Breach  of  contract ;   rights  of  action  reserved  to  United  States 188 

Cases  transmitted  by  departments  ;   procedure 126 

Certificate  of  discharge  ;  duplicate  of,  not  accepted  in  settlement  of 98 

Civil   War;    for   supplies,   etc 152 

Loyalty  a  jurisdictional   fact  in  claims  for  supplies,   etc 152 

Compensation  for  official  services;  district  courts  and  Court  of  Claims  not 

to    have    any    jurisdiction 110 

Compensation  for  official  services;   restriction  on  suits  for 120 

Compensation  of  subpoenaed  witnesses 58 

Concurrent  jurisdiction  of  district  courts  with  Court  of  Claims 109 

Construction  by  auditors,   to  be  referred  to  comptroller 72 

Contracts  ;   damages  not   sounding   in   tort 117 

Costs  ;  allowance  of,  to  prevailing  party 130 

Counsel — 

Attorney    General    to   provide    for 70 

Employment   of;    how    obtained 60,62 

Employment  of,  prohibited  by  department  heads 62 

Fees  of;  no  deductions  to  be  made  for 84 

Oaths  of,  when  prosecuting 64 

Who  may  administer 65 

Court  of  Claims.      (See  Court  of  Claims.) 

Damages  due  to  maneuvers  and  other  military  operations 108 

Damages  to  private  property  due  to  maneuvers,  etc 108 

Decisions  of  auditors 72 

Department  heads  to  notify  the  Attorney  General 7d 

Department    of    Justice    to    perform    all    legal    services    required    for    other 

departments 69,  70 

Disallowed  ;  not  to  be  reopened 74,  85 

Disbursing  officers  ;  decree  of  Court  of  Claims  to  act  as  a  credit  in  settle- 
ment  of   accounts 123 

Dismissal  of,  for  acts  of  treason 137 

Where  claimant  aided,  etc.,  rebellion 137 

Disloyalists;  not  to  be  paid,  when 66,67 

Disloyalists,  prior  to  April  13,  1861 66 

Restrictions  repealed 67 

Disloyalists,  prior  to  1864  not  to  be  paid 66 

Dismissal  of  petition  if  allegiance  disproven 137 

Duplicate  certificate  of  discharge  not  to  be  accepted  in  settlement  of 98 

Equipment  purchased  at  rendezvous  afterwards  used  in  Army,  etc 94 

Evidence,  department  heads  to  furnish 61 

Examination   of — 

Where  administrative  examination  has  not  been  had 1042 

Without    administrative    examination 71 

Examination  of  witnesses,  Attorney  General  to  provide  for 70 

Existing  prior  to  April   13,   1861 66,67 

False  claims;  penalty  for  presenting 161 

Fees — 

Attorneys  and  counsel ;  no  deduction  to  be  made  for 84 

Clerk  of  court - 130 

Witnesses -- 58,  130 

Filing  of;  limitation  governing 111 

Time    limit *- 134 

Final  adjustment  of,  in  Treasury  Department 69 

Final  decisions  of  district  courts;  review  of,  by  appeal  or  writ  of  error 114, 115 

Final  judgments;  made  on  settlements  by  auditor 148 

Payment    of 127 

To  be  a  full  discharge 146 

Whore  claimant  is  indebted  to  United  States 99 

Finally  determined,  not  to  be  reopened 80 

Findings  to  he  reported  ;  when 124 

Forfeiture  for  fraud  or  attempt  thereat 141 

Former  employees  of  departments  not  to  prosecute  before  two  years 63 

Form   of  petition 136 


INDEX.  261 

Claims  against  the  United  States — Continued.  Paragraph. 

Fourth  of  July;  rejected  if  excessive 142 

Fraud;  not  allowed  where  used 141 

Further    hearings 12V) 

Heavy  gun  fire;  losses  and  damages  incident  to,  to  be  reported 108 

Indian  cases;   appeals   in 151 

Information,  etc.,  from  departments  and  Congress 14O 

Injuries  received  in  the  service,  civilians 956—903 

Officers  and  enlisted  men  and  members  of  Nurse  Corps 861 

Interest  on  judgments  not  allowed  prior  to 145 

Judgments — 

Cases  referred  by  departments 125 

No  interest  allowed  prior  to 145 

Payment  of 127 

Amount  of  debt  due  the  United  States  to  be  withheld 99 

Where  rendered  against  the  United  States 103 

To  be  a  full  discharge 146 

Jurisdiction  of  Circuit   Court  of  Appeals : 114,  115 

Jurisdiction   of  Court  of   Claims 116,  121 

Of  district  courts  with  Court  of  Claims 110 

Not  to  extend  to  treaty  claims 131 

Property  taken  after  June  1,  1865 139 

Rights  of  married  women,  minors,  etc 135 

Jurisdiction  of  district  courts — 

Claims  not   exceeding   $10,000 109 

Rights  of  married  women,  minors,  etc 112 

War  claims  and  others  excepted 110 

W7ith   Court  of  Claims 110 

Jury  not  necessary  in  certain  suits 113 

Land-grant   railroads;   payment   of 1267 

Lapsed  appropriations  ;  how  settled,  etc , 74 

Legal  services;  Department  of  Justice  to  act;  exception 69 

Liability  limited  to  certain  articles 81 

Losses  by  disbursing  officers  ;  jurisdiction  of 121 

Losses  or  damages,  private  property,  due  to  target  practice 97 

Loss  of  regulation  allowance  of  baggage 83 

Lost  and  destroyed  property  of  officers  and  enlisted  men  ;  to  be  presented 

within  two  years . 82 

Lost  or  destroyed  regulation  allowance  of  baggage 83 

Lost  or  destroyed  private  property;  who  shall  settle 75-78 

Loyalty  ;  allegation  of,  may  be  put  in  issue 138 

Loyalty  restriction  repealed  ;   service  prior  to  April   13,   1861 67 

Married    women,    etc.,    rights    of 112 

Militia  ;  no  reimbursement  to,  etc.,  not  accepted  as  of  same  grade 90 

Rates  of  pay  allowed ;  War  with  Spain 90,  91 

Subsistence;   War  with   Spain __  93 

Transportation;    War    with    Spain 92 

Unsettled  accounts  ;  reimbursement  to  certain  States  in  case  of 94 

Minors,    etc.,    rights    of 112 

Multiplicity    of;    restriction 132 

National  Guard — 

Reimbursement  for  services,   War  with  Spain 90 

War  with  Spain — 

Rates   of   pay   allowed 90,  91 

Subsistence  ;    reimbursement    for 93 

Transportation  ;    reimbursement   for 92 

Unsettled  accounts  ;  reimbursement  for 94 

New  trials  on  motion  of  United  States _ 144 

New  trials  on  request  of  claimant 143 

Not    exceeding    $10,000 109 

Oath   of   persons  prosecuting 64 

Who    may    administer 65 

Offenses.     (See  Offenses,  Fines,  and  Penalties.) 

Officers  and  enlisted  men  ;  property  lost  or  destroyed 75-78 

Settlement  of;  no  deduction  for  attorneys'  fees 84 

Officers'  losses  in  line  of  duty 121 

Opinions;  Department  of  Justice  to  act 69 


262  IXDEX. 

Claims  against  the  United  States — Continued.  Paragraph. 

Original  construction  by  r.uditors  referred  to  comptroller  for  approval 72 

Original    construction    of    statutes    to   be    referred    to    comptroller    for    ap- 
proval,    etc 72 

Pay  and  allowances;  no  deduction  for  attorneys'  fees 84 

Payment  of  accounts  for  transportation  of  troops,  etc 95 

Payment  of  final  judgments  to  be  a  full  discharge 146 

Payment    of   judgments ;    amount    of    debt   due    the    United    States    to    be 

withheld    . 99 

In  cases  transmitted  to  Court  of  Claims 127 

Payment  of,  may  be  stayed;  when 144 

Payment    of    judgments;    where    action    has    been    rendered    against    the 

United   States   103 

Payment  of,  not  authorized;  when 74,85 

Payment  of,  referred  to  Court  of  Claims  by  Congress 128 

Pending    before    executive    departments,    may    be    transmitted    to    Court 

of   Claims 124 

Pending  in  Congress,  may  be  reported  to  Court  of  Claims 128 

Pending  in  other  courts  not  to  be  filed  in  Court  of  Claims 132 

Persons  in  departments  not  to  prosecute  before  two  years 63 

Petition  :  dismissal  of,  if  allegiance,  etc.,  disproven 137 

Form  of 13« 

For  release  from  official  bond 149 

To  be  verified  by  affidavit;  when 136 

Power  of  attorney  ;  execution  of,  in  presence  of  witnesses GS 

Presentation  of,  to  be  in  itemized  form 96 

Private  property  ;  accounting  officers  of  Treasury  to  settle 75-78 

Finally  determined,  not  to  be  reopened 80 

Loss  or  damage  due  to  target  practice 07 

Report  to  be  rendered 108 

Lost  or  destroyed  ;  regulation  allowance  of  baggage 83 

Officers  and  enlisted  men  ;  liability  limited  to  certain  articles 81 

Payment  of,  to  be  in  full 79 

To  be  presented  within  two  years 82 

Procedure    in    prosecuting . 61 

Professional  assistance  ;  how  obtained 60,  62 

Proof  of  loyalty  may  be  material ;  when 138 

Property  lost  or  destroyed  belonging  to  officers  and  enlisted  men 75-82 

Prosecution  of — 

Compelling    testimony    . 59 

Compensation  of  subprenaed  witnesses 58 

Employment  of  attorneys  or  counsel  by  department  heads  prohibited 62 

Evidence  to  be  furnished  by  departments  ;  when 61 

Legal  services  for  departments  ;  who  shall  perform 69 

Limitation  of  time,  former  employees  of  departments 63 

Oaths  required  of  attorneys 1 64 

Who  may  administer 65 

Procedure 61 

Reciprocal  rights  granted  to  aliens 133 

Subpoenas  for  witnesses,  by  whom  issued 57 

Witnesses'  fees,  amount  of 

Public  accounts  to  be  settled  in  Treasury  Department 73 

Reciprocal  rights  to  aliens 133 

Reexamination  of  not  authorized  ;  when 74,  85 

Referred  by  Congress  to  Court  of  Claims ;  report  of  facts,  conclusions,  etc__ 

Referred  by  departments  ;  findings  to  be  reported '. 124 

Reimbursement  for  services — 

Members  of  militia,  etc.,  not  accepted  into  Volunteer  Army__  90 
Reimbursement — 

Time  limit  for  presenting 96 

To  certain  States  in  cases  of  unsettled  accounts,  etc__ 

To  States  for  subsistence  of  militia,  etc 

To  States  for  transportation  of  militia,  etc 87,  92 

Reports  to  be  made  to  Congress 

Amount  due  where  claims  have  been  allowed 107 

Losses  or  damages  to  private  property 108 

Revision  of ;  when  permissible 


INDEX.  263 

Claims  against  the  United  States — Continued.  Paragraph. 

Right  of  appeal  in  Indian  cases 183 

In  proceedings  for  release  under  bond  or  liability  to  United  States 182 

Rights  of  married  women,  minors,  etc 112 

Set-off- 
Amount  of  debt  due  the  United  States  to  be  deducted  ;  when 99, 101 

To  be  withheld  in  payment  of  judgments 99 

Balances,  where  judgment  has  been  rendered  against  the  United  States.  103 

How  paid  to  claimant 103 

With  interest 103 

Determination  of 122 

Payment  of  where  judgment  is  rendered  against  the  United  States 103 

Suit  to  be  instituted;  when 102 

To  be  withheld  by  Secretary  of  Treasury  ;  when 101 

Unsettled  accounts  against  the  United  States  not  to  be  ground  for 94 

When  claimant  denies  debt 101 

Where  claimant  discharged  judgment 100 

Settled,  not  to  be  reopened 74,  85 

Settlement  of — 

Accounting  officers  of  Treasury  ;  duties  of  In  connection  with 74 

Accounts  for  transportation  of  troops,  etc 95 

Attorneys'  fees  ;  no  deduction  for 84 

Balances  exhausted  or  carried  to  surplus  fund  ;  time  limit 74 

Disallowed  or  settled  not  to  be  reexamined,  etc 85 

Duplicate  certificate  of  discharge  not  to  be  accepted 98 

Equipment,  etc.,  purchased  at  rendezvous  and  afterwards  used  in  Army_  94 

Final,  not  to  be  reopened 80 

In  Treasury  Department 73 

Liability  limited  to  certain  articles 81 

Losses  or  damages  due  to  target  practice 97 

Loss  or  damage,  regulation  allowance  of  baggage 83 

Lost  or  destroyed  private  property ; 75-78 

Members  of  militia,  etc.,  not  accepted  as  of  same  grade 90 

Permanent  appropriations  in  an  indefinite  amount 79 

Private  property  of  officers  and  enlisted  men 75-78 

Public  accounts  in  Department  of  Treasury 73 

Rates  of  pay,  National  Guard,  War  with  Spain 90,  91 

Repayment  to  certain  States  for  expenses  incurred  in  equipping  Volun- 
teers   "_ 87,  89,  92,  93 

Interest  not  to  be  allowed  or  refunded 88 

Revision  of  settlement ;  when  permissible 86 

States  equipping  Volunteers  ;  interest  not  to  be  allowed  or  refunded 88 

To  be  itemized;  limit  of  time  for  presenting 96 

To  be  paid  for  in  full 79 

War  with   Spain 87,95 

Where  appropriations  have  lapsed 74 

Statute  of  limitation  ;  exception 134 

Subpoenas  for  witnesses  ;  by  whom  issued 57 

Subpoenaed  witnesses,  compensation  of 58 

Where  profession  counsel  required  ;  how  obtained 60-62 

Suits  for  debts,  to  be  instituted;  when 102 

For  official   services;  restriction 120 

For  recovery  of  public  money 1069 

In  the  Supreme  Court  and  Court  of  Claims  to  be  prosecuted  by 69 

Prosecution  of,  by  whom 69 

To  be  brought  within  six  years 111 

To  be  tried  without  a  jury 113 

Target  practice  ;  losses  or  damages  incident  to  ;  reports  to  be  rendered 108 

Testimony  ;  compulsory 59 

Time  limit  for  filing  of 134 

Transfers  of  ;  to  be  executed  in  presence  of  witnesses 68 

Transportation  of  troops,  etc. ;  payment  of  accounts  for 96 

Transportation  to  State  rendezvous,  National  Guard 92 

Volunteer  Army,  War  with  Spain 87,  89,  92 

Treaty  claims  ;  jurisdiction  of  Court  of  Claims  not  to  extend  to 131 

Unsettled  accounts  of  States  ;  proceedings  to  be  instituted  ;  when 94 

Vessels  and  wharves  ;  damage  to 108 


264  INDEX. 

Claims  against  the  United  States— Continued. 

Volunteer  Army—  Paragraph. 

Repayment  to  States  for  equipment  of,  etc 87,  89,  92,  93 

Interest  not  to  be  allowed  or  refunded 88 

Transportation  to   State  rendezvous 92 

War  with  Spain  ;  rates  of  pay,  etc 90,  91 

Reimbursement  for  subsistence 93 

Reimbursement  for  transportation  of  troops 95 

Reimbursement  for  transportation  to  State  rendezvous 92 

Reimbursement  to  certain  States  in  case  of  unsettled  accounts 94 

War   claims   and    others    excepted    from   jurisdiction    of   district    courts   or 

Court  of  Claims 110 

Jurisdiction  of 118,  119 

Warrant  of  attorney 68 

War  with  Spain — 

Equipment,  etc.,  purchased  at  rendezvous  and  afterwards  used  in  Army_  94 
No  reimbursement  to  members  of  Militia  not  accepted  Into  Volunteer 

Army   : 90 

Payment  of 94 

Rates  of  pay,  National  Guard 90,  91 

Reimbursement  to  certain  States  for  subsistence  of  militia 93 

Reimbursement  to  certain  States  for  transportation  of  militia 92 

Settlement  of — 

Expenses  incurred  by  certain  States  in  equipping  Volunteers,  etc__  87, 

89,  92,  93 

Interest  not  to  be  allowed  or  refunded 88 

Unsettled  accounts  not  to  be  set-off 94 

No  bar  to  payment  to  States 94 

Where  caused  by  default  in  payment  of  principal  or  interest  on 

any  bond 94 

Witness  fees,  allowance  of  to  prevailing  party 130 

Amount  allowed 58 

Witnesses  ;  Attorney  General  to  provide  for 70 

Expenses  of 410 

Required  in  assignment  of  claims,  power  of  attorney,  etc 68 

Clerical  force.     (See  Personnel — Civilians.) 

Clothing  (see  also  Public  property  and  Uniform  of  the  Army)  : 

Acceptance  of  stolen  ;  punishment 1191 

Accountability.      (See  Accountability  and  Clothing  accountability.) 
Accounts  (see  also  Accounts)  — 

Company  commanders,  settlement  of 1178 

Rendition  of;  time  limit 1180 

Settlement  of  ;  who  may  administer  oaths 1178 

Allowances  of.     (See  Clothing  allowance.) 

Allowance, 'overdrawn,  to  be  charged  every  six  months,  etc 608 

Alterations  of,  to  be  deducted  from  pay,  etc 615 

Contracts  for,  to  be  limited  to  current  year  necessities  ;  exception 186 

Educational    institutions,    where    military    training   camps   are    maintained, 

furnishing  own   uniforms;   reimbursement  for 760 

Enlisted  men  ;  not  to  be  sold  or  bartered,  etc 1183,  1184 

Funds  arising  from  sale  of 1152 

Gratuitous  issues,  contagious  diseases 609 

Inspection  or  survey  of,  by  whom  made 1202 

Indemnity  for,  where  destroyed  for  sanitary  reasons 614 

Issue  of  to  the  militia -  681,683,684 

In  possession  of  persons  not  soldiers ;  may  be  seized,  etc__  _  1183, 1184 

Issue  of — 

Discharged   military   convicts 611,612 

Enlisted  Reserve  Corps -  805,807 

To  be  accounted  for  on  discharge 807 

to  remain  property  of  the  United  States 805 

Unserviceable  ;  to  be  replaced 806 

Gratuitous;  account  of  contagious  diseases 600 

Discharged   military    convicts _. -  611,612 

Limit  of  cost  for  altering  and  fltt'ng 616 

Losses;  affidavit  may  be  accepted;  when 1179 

Certificate  to  be  forwarded  to 1181 

Preparation  of 1182 


INDEX.  265 

Clothing — Continued. 

National  Guard.      (See  National  Guard.) 

Offenses  against.      (See  Offenses.)  Paragraph. 

Proceeds  of  sales 1152,  1202 

Purchase  and  distribution  of;  by  whom _ 182 

Sale  of;  proceeds  derived  from 1152,1202 

Sale  of;  to  employees  engaged  in  work  abroad 1061 

Surplus  cuttings  of  material ;  proceeds  derived  from  sale  of 1156 

Clothing  accountability : 

Educational  institutions  ;  Army  clothing  issued  to 757,  758 

Enlisted   Reserve   Corps 805,  807 

Enlisted    men , 1183,  1184 

National   Guard „__  685,  687 

Rules  governing;  by  whom  prescribed - 1177 

System  of;  by  whom  prescribed 1180 

Clothing  allowance  (see  also  Clothing)  : 

Commutation  of;  retired  enlisted  men 657 

Discharged   military   convicts • 611,  612 

Dishonorable   discharge — 

Donation   of  $5 613 

Suit  of  clothing  not  exceeding  $10 612 

Officers  of  the  National  Guard,  District  of  Columbia 667 

Overdrawn  ;  to  be  charged  on  muster  roll  or  on  final  statements 608 

Payable  on  final  discharge 608 

Philippine    Scouts 384 

Porto  Rico  Regiment  of  Infantry 392 

Sergeants  of  Ordnance 609 

Settlements  of  money  accounts  for . 608 

Undrawn;    how    paid 608 

Clothing  balances.     (See  Clothing  and  Clothing  allowance.) 
Colonel  (see  also  Commissioned  oflicers  and  Pay  of  the  Army)  : 

Horses,  forage  for,  during  service  in  the  field 485 

Pay,   amount   restricted : 500 

Commissioned  officers  (see  also  Pay  of  the  Army)  : 

Absence;  disease,  etc.,  resulting  from  own  misconduct 428 

Absence  from  duty,  no  pay  for 428 

Absence    without    leave 491 

Accrued  leave,  when  appointed  from  volunteers 494 

Acting  as  disbursing  officers,  no  additional  pay 419 

Aids;  number  allowed  each  major  and  brigadier  general 429 

Allotments    of    pay 431 

Annual   pay,   each   grade , 411 

To  be  paid  monthly 412 

Assignment   of   pay   accounts 417 

Aviation  Section,   Signal  Corps — 

Reserve  officers  to  be  paid  by  officers  of  Quartermaster  Corps 297 

Temportary  forces,  pay  and  allowances 416 

Aviation  duty,  increased  pay  for  ;  when : 290 

Baggage,  regulation  allowance,  loss  or  damage  to 83 

Excess,  reimbursement  to  be  collected  for  transportation  charges 1272 

Below  grade  of  major — 

Pay  for  mounts 414 

Restriction  as  to  detail  of ' 455 

Beneficiaries.      (See  Beneficiaries.) 

Change  of  station  while  on  leave  of  absence 515 

Chaplains — 

Appointment  of,  etc 434 

Field  and  Coast  Artillery 438 

Rank,   pay  and  allowances 434,  436 

After  10  years'  service ^ 437 

Field  and  Coast  Artillery 438 

Transportation,  service  in  the  field 439 

Claims  for  property  lost  or  destroyed  (see  also  Claims) 75,  78,83,84 

Commutation  of  allowances  (see  also  Commutation  of  allowances)  — 

Forage,  when  forage  in  kind  can  not  be  furnished 440 

Heat  and  light ;  authority  for 449 


266  INDEX. 

Commissioned  officers — Continued. 

Commutation  of  allowances — Continued.  Paragraph. 

Quarters;  authority  for 1 449 

Detailed  to  obtain  military  information  from  abroad 446 

Duty  without  troops 445 

Right  to,  not  to  be  lost  on  account  of  temporary  absence 444 

Where  no  public  quarters  are  available  ;  rate  of 442 

Contract  surgeons  ;  assignment  of  pay  accounts 302 

Mileage  of 303 

Pay    of 301 

Travel    allowance 304 

Death  in  service.      (See  Beneficiaries.) 

Deceased  ;  effects  of  to  be  accounted  for 451 

Settlement  of  accounts  of,  etc 305,  306 

Deductions  of  pay.      (See  Deductions  of  pay  and  Stoppages  of  pay.) 
Dental  Corps — 

Appointment  of  dental   surgeons 453 

Pay  and  allowances  of  dental  surgeon 454 

Deserters  ;  dropped  from  rolls  after  three  months 426 

Detached  duty 455,  456 

Detached  officers'  list 457,  459 

Detailed — 

Acting  judge  advocates,  pay,  etc 462 

Aviation  duty 290,  292 

Bureau  of  Insular  Affairs,  assistant  to  chief  of 455,  471 

Chief  of —  469 

Principal  assistant  to  chief  of 470 

Chief  of  Coast  Artillery 474 

Chief  of  Staff  Corps  or  Departments 464 

Rank,  pay  and  allowances 424 

Chief  ordnance  officers,  to  staff  of  an  army  or  corps  and  division  com- 
manders   463 

Chief  telegrapher,  Executive  Office 467 

Cuba   and    Panama 477 

Director  of  civilian  marksmanship 782 

Disbursing  officers,  no  additional  pay  when  acting  as 419 

'    Educational  institutions  ;  pay,  etc 562-566 

First  lieutenant,  Ordnance  Department .  468 

Governments  of  Cuba  and  Panama 477 

Injuries  received  in  the  service,  compensation  in  case  of 854 

Insurance.     (See  War  Risk  Insurance.) 
Military  Academy.      (See  Military  Academy.) 

Military  information  from  abroad 446,  506 

National  Guard,  authority  for 473 

Panama  Canal,  tour  of  duty 472 

Period  of  staff  service 465 

Philippine   Constabulary 455,  456 

Philippine    Scouts " 381 

Porto  Rico  Regiment  of  Infantry  ;  commanding  officer  of 391 

Principal  assistant,  Ordnance  Bureau,  pay  and  allowances 460 

Public  buildings  and  grounds,  officer  in  charge  of 461 

Restrictions  suspended  during  present  emergency  (War  of  1917) 479 

Staff  of  Army  or  corps  and  division  commanders,  chief  ordnance  officers 

may   be ^ 463 

Service  schools 496 

Tour  of  duty 472 

Discharged    (see  also  Discharge)  — 

Final  payment  of 482 

Failure  to  pass  examination,  etc 480 

Officers  of  the  Medical  Corps 481 

Forage.     (See  Fuel  and  forage)  — 

Foreign  service.     (See  Foreign  service  and  Pay  of  the  Army.) 

Fuel.      (See  Fuel   and   Forage.) 

General,  office  of,  to  cease , 420 

Office  of,  revived  during  present  emergency 423 

Heat  and  light  (see  also  Heat  and  light) 527 

Higher  command  in  time  of  war 413 

Horses.     (See  Horses  and  public  animals.) 


INDEX.  267 

Commissioned  officers — Continued. 

Increased  pay  (see  Aviation  duty  and  Increased  pay) —  Paragraph. 

Brevets  not  to  carry : 425 

Indemnity  for  clothing  and  bedding  destroyed  for  sanitary  reasons 614 

Junior   military   aviators 292 

Leave  of  absence  (see  also  Leave  of  absence)  — 

Accrued,    appointed    from    volunteer   service 494 

Cumulative,  authority   for 492 

Exceeding   30   days 491 

Instructors    at    service    schools    during   suspension    of    studies 496 

Members  of  Officers'  Reserve  Corps  ;  when 939 

Not    exceeding   30   days 491 

Officers   in    the   Philippines 495 

Service  in  A7aska  or  without  the  limits  of  the  United  States 493 

Service   in   the   Philippines  ;   commencement  and   termination   of 495 

Sickness,    wounds,    etc 491 

Lieutenant  general,  office  of,  to  cease 422 

Office  of,  revived  during  present  emergency 423 

Longevity  pay.     (See  Longevity  pay  and  Pay  of  the  Army.) 

Medical   Corps,   honorably   discharged 481 

Members  of  Officers'  Reserve  Corps ;  leave  of  absence,  duty  with  troops  or 

field    exercises 916 

Mileage  (see  also  Mileage  and  transportation)  — 

Change  of  station  while  on  leave  of  absence 515 

Computation  of,  over  shortest  route 510 

Contract    surgeons 303 

Necessity  for  to  be  certified  to  by  officer  issuing  order 505 

Officers  detailed  to  obtain  information  from  abroad 506 

To  be  computed  over  shortest  route 510 

Military    aviators 293 

Military  Academy.     (See  Military  Academy  and  details.) 

Mounts  of,  pay  for 414 

Pay  accounts  of,  authority  to- transfer  or  assign 417 

Pay  and  allowances.      (See  Pay  of  the  Army,  Commissioned  Officers.) 
Private   mounts — 

Transportation  of  from  point  of  purchase  to  station 1274 

In  excess  of  authorized  number 1275 

Private  property  lost  or  destroyed  (see  also  Claims)  — 

'Regulation  allowance  of  baggage  lost  or  destroyed 75-78 

Settlement  of  claims  for 83-84 

Purchase  of  supplies;  not  to  be  interest  in 210,211 

Quartermaster  Corps  ;  number  of,   each  grade 1241 

Quarters  (see  also  Commutation  of  allowances  and  quarters)  — 

None  allowed  for  servants 443 

Public,  defined 526 

Right  to  not  to  be  lost  on  account  of  temporary  absence 444 

Rations.     (See  also  Rations  and  subsistence.) 

Reexamination   of  for  promotion 480,  481 

Reserve  officers.     (See  Officers'  Reserve  Corps  and  National  Army.) 
Retirement   of — 

Examination  for  return  to  duty  if  on  list  for  disability 551 

Full  time  allowed  for  service  in  computing  time  for 501 

Physical  disability  contracted  in  line  of  service 480 

Service  as  Chief  of  Staff  Corps  or  departments 548 

Service  in  connection  with  construction  of  Panama  Canal 547 

Service  with  Officers'  Reserve  Corps  not  counted 746 

Retired.     (See  Retired  commissioned  officers  and  Pay  of  the  Army.) 
Sales  to.     (See  Rations  and  subsistence.) 

Sea  travel,   expenses   of . 504,  536 

Signal  Corps,  temporary  forces,  pay,  etc . 415 

By  whom  paid 297 

Staff  service,  period  of,  when  detailed 465 

Temporary  second  lieutenants 767 

Temporary  disbursing  officers 476 

Temporary  forces,  Signal  Corps,  pay  and  allowances 416 

Temporarily  absent 444 


268  INDEX. 

Commissioned  officers — Continued. 

Transportation  (see  also  Mileage  and  transportation) —  Paragraph. 

In  kind,  on  request 513 

Officers  detailed  to  obtain  military  information  from  abroad 506 

When  traveling  on  official  duties ]273 

Travel  allowance   (see  also  Travel  allowance) 533 

On    discharge 533 

Contract  surgeons 304 

Sea  travel 504 

Travel  expenses  (see  also  Traveling  expenses)  — 

Purpose  of  instruction 534 

Commissions  or  inquiries: 

Expenses  of,  payable  only  from  special  appropriations 1095 

Restriction 1096 

Commutation  of  allowances: 

Applicants  for   enlistment 406 

Rations 620 

Army  field  clerks — 

Heat  and  light 

Quarters -87 

Civilians- 
Subsistence,  employees  on  harbor  boats 934 

Commissioned  officers — 

Forage;  when  forage  in  kind  can  not  be  issued 440 

Fuel,  none  for - —  441 

Heat  and  light;  appropriation  and  authority  for 449 

Quarters,  appropriation  for '  449 

Detailed  to  obtain  military  information  from  abroad 446 

Duty  at  proving  grounds 447 

Duty  without  troops 445 

Signal  Service,  Arctic  regions 438 

Temporarily  absent,  right  to  not  to  be  lost 444 

Where  no  public  quarters  are  available,  rate  of,  etc 442 

Enlisted  men — 

Heat  and  light;  where  no  public  quarters  are  available 619 

Quarters — 

Detailed  to  schools 597 

Signal  Service,  Arctic  regions 

Where  no  public  quarters  are  available 617,  619 

Rations — 

Army  rifle  competition  ;  traveling  to  and  from  places  of  contest —  620 

Liquid   coffee  money 

Whon  on  furlough : 620 

When  traveling  on  detached  duty 620 

When  traveling  under  orders 

Military  Academy- 
Rations — 

Cadets    of 326 

National  rifle  match — 
Rations — 

Competitors  in;  nmount  allowed -  783,784 

Nurse  Corps — 

Heat  and  light 

Quarters 

Rations 371,  372,  378 

On  duty   In  hospitals—  -  372,378,406 

On  leaves  of  absence 

Traveling  on  detached  duty 

Where  rations  in  kind  can  not  be  furnished 371 

Regular  Army  Reserve  ordered  to  active  duty — 
Reserve  Officers'  Training  Corps— 
Subsistence— 

Members  uf,  who  have  completed  two  years'  training.-  764 

Retired   commissioned   officers — 
Quarters — 

When  detailed  to  educational  institutions 

Retired  enlisted  men,  restored  to  active  duty -i"8,  659 

Clothing,  heat  and  light,  rations,  and  quarters 657 


INDEX.  269 

Commutation  of  allowances— Continued. 

Sick  in  hospitals —  Paragraph. 

Rations;  whom  entitled  to;  rate  of,  etc 406,407 

Company  books: 

Loss  of,  by  commanding  officer 1179 

Compensation.     (See  Pay — Civilians.) 

Compensation  commission.      (See  Employees'  Compensation  Commission.) 

Comptroller : 

Accounts — 

Contracted  abroad  ;  appointment  of  assistant  comptroller  authorized 1058 

Examination  of  certain  by 1176 

Revision  of  by;   time  limit 1063 

Appeals  from  decision  of  auditor 1063 

Assistant  comptroller  ;  appointment  of 1058 

Certificate  of  differences  upon  revision 1065 

Debts  due  the  United  States  ;  to  have  supervision  over  recovery  of 1169 

Decisions  by,  in  advance  of  payment ' 1033 

Govern  in   settlements 1033 

To  be  final  and  conclusive 1063 

To  be  transmitted  to  auditor 72 

Decisions  of  auditor  in  certain  cases  to  be  referred  to 72 

Designation,  first  comptroller,  changed  to 1174 

Duties  of 1043,  1174-1176 

Inspection  of  books,  etc.,  disbursing  officers 1176 

Not  modified  by  change  in  designation 1167 

Payment  of  arrears  of  pay;  power  to  regulate 1175 

Forms  for  keeping  and  rendering  accounts  to  be  prescribed  by 1043 

Jurisdiction  of 1174 

Laws  respecting  first  and  second  comptroller  to  relate  to 1174 

Powers  and  responsibilities  of 1174-1176 

Powers  conferred  on  ;  public  moneys  disbursed  abroad 1053 

Requisitions  for  advances  of  funds  to  be  countersigned  by 1081 

Revision  of  auditor's  action  on  accounts 1063 

Second  comptroller's  office  abolished 1174 

Computation  of  leave.     (See  Leave  of  absence.) 
Computation  of  longevity  pay.     (See  Longevity  pay.) 
Computer,  Artillery  Board: 

Pay,  etc.,  of 300 

Confederate  burial  plats.      (See  National  cemeteries.) 
Confederate  cemeteries   (see  also  National  cemeteries)  : 

At  Spiingfield,  Mo.,  acceptance  of  as  a  national  cemetery 266,  267 

Confederate  mound: 

Oak  Woods  Cemetery  ;  maintenance  of 272 

Construction  of  public  buildings.     (See  Barracks  and  quarters  and  public  buildings.) 
Contingent  fund  (see  also  Public  moneys)  : 

Application   of;   restriction '       1085 

Apportionment  of  amount  to  be  expended  by  each  office  or  bureau 1083,  1084 

Salaries  not  to  be  paid  from 17 

Continuous  service  (see  also  Pay  of  the  Army)  : 
Enlisted  men — 

Authority  to  serve  out  enlistment  period  without  passing  into  reserve- _  642 

Commissioned  service  in  the  National  Guard  to  be  counted  in  computing.  643 

In  Officers'  Reserve  Corps,  etc.,  to  be  counted 643 

In  Philippine  Scouts 638,  639 

In   volunteer  organizations 638,  643 

Reenlistment.  within  three  months  from  date  of  discharge 635 

Enlisted  Reserve  Corps . 812 

Enlistment  period,  number  of  years  to  be  counted  in  computing  pay  for 640,  641 

Military   Academy.      (See  Military   Academy.) 
National  Guard.      (See  National  Guard.) 
Noncommissioned  officers — 

Reenlistment  within  20  days  from  date  of  discharge 637 

Reenlistment  at  end  of  three  years 647 

At  end  of  four  years 646 

Regular  Army  Reserve 791 

Contracts  and  purchases: 

Abroad,  to  be  settled  by  auditor,  etc 975h 


270  INDEX. 

Contracts  and  purchases — Continued. 

Accounts    (see  also  Accounts) —  Paragraph. 

Inspection  and  revision  of  ;   by  whom 167 

To  be  rendered  to  accountant  of  proper  department  for  settlement 16T 

Adding  machines;  exchange  of,  in  part  payment  for  new 180 

Advances  of  money  to  be  deposited _ 219 

Advances  to  contractors  authorized  during  present  emergency 1074 

Advertisement — 

Number  of  days  in  which  public  notice  shall  be  given 169 

To  state  preference  for  American  production 184 

Written  authority   necessary  for 1 

Appropriations  for — 

Not   to   be   exceeded 22, 176 

To  be  applied  solely  to  objects  for  which  made 22,  1094 

Army    supplies;    by    advertisement;    exception 170,171 

At   Indian    reservations 174 

Awarding   of,   to   lowest   bidder 169 

Benefits    from;    restriction 187 

Bids,  opening  of — 

Bidders'  bonds 213 

Rules  and  regulations  to  be  prescribed  by  Secretary  of  War 212 

Time  and  place  for;  bidders  to  be  notified 214 

Bills  for— 

Inspection  and  revision  of 167 

To  whom  rendered 167 

Blank  forms,  etc.,  to  be  furnished  for  use  in  connection  with 218 

Bonds  (see  also  Bonds,  Contractors')  — 

Requirements    of 213 

Breach  of  contract;  rights  of  action  reserved  to  United  States 188 

Bribery  ;  acceptance  of,  to  secure  award  of  contract 163,  166 

Deficiencies;   when   allowable 176,186 

Deposit  of  with  auditor  in  certain  cases y 218,  219 

Complete  delivery  of  to  be  provided  for  articles  of  subsistence 185 

Construction  of  public  buildings   (see  also  Public  Buildings)  — 

Not  to  exceed  appropriations  ;  penalty 1226,  1227 

Contractors'  oath;  form  of 216 

Copies  of  papers  to  be  filed  in  returns  office 215 

Current  year  necessities,  to  be  limited  to;  exception 186 

Draft  and  pack  animals ;  number  limited  to  needs  of  service 203,  204 

Eight-hour  law 1234,  1235 

Emergency  purchases;   how  made 170 

Report  to  be  rendered 169 

Entered  in  abroad,  to  be  settled  by  auditor 975h 

Envelopes;  Postmaster  General  to  contract  for 221 

Exceeding  $100,  report  to  be  rendered 172 

$500,  to  be  reduced  to  writing 173 

To  be  signed  by  contracting  parties 173 

Exceptional   articles  of  subsistence 175 

Exchange  of  labor-saving  devices  in  part  payment  for  new 178 

Of   motor-propelled    vehicles.-. 179 

Execution  of  contracts 215,  219 

Expenditures  not  to  exceed  appropriations 22 

Failure  to  fulfill  contracts 213 

Filing  of;  where 215 

For  immediate  use  ;  where  same  may  be  purchased 168, 170 

Forms  to  be  furnished  officers  authorized  to  make 218 

From  Indians;  authority  for;  when 174 

Fuel,   etc 192 

Inspectors  of;  appointments,  duties,  etc 193 

Purchase  and  inspection  of 193-197 

Funds,  use  of,  for  purchase  of  supplies  to  be  held  in  store  for  subsequent 

fiscal  years 9 

General  Supply  Committee,  creation  of 192 

Horsos   (nee  also  Horses  and  Public  Animals)  — 

Appropriation  for  limited 198 

For  Cavalry.  Artillery,  and  Indian  Scouts 200 

Kind  of.  to  ho  prescribed  by liOO 


INDEX.  271 

Contracts  and  purchases — Continued. 

Horses- Continued.  Paragraph. 

Inspection   of 

Open  market  purchases -  202,  205 

Purchase  of  for  National  Guard 207 

Purchase  of  owned  horses 206 

In  time  of  war 

Inspection  of  supplies;  where  made 184 

Labor-saving  devices ;  exchange  of,  as  part  payment  for  new__                        _  178, 180 

Lowest  bidder  to  receive  award,  etc 169 

Medical  supplies;  purchase  of,  by  civilians  at  military  posts__  918 

Members  of  Congress  prohibited  from' sharing  in  profits 187 

Military  stores  and  supplies;  purchase  of,  by  whom 182 

Military  posts,  etc.,  near  Indian  reservations 174 

Militia.      (See  National   Guard.) 

Miscellaneous    supplies 192 

Motor-propelled  vehicles  ;  exchange  of,  in  part  payment  for  new -   179 

Motor  trucks  ;  exchange  of,  in  part  payment  for  new ^. 178 

Must  be  in  specific  terms 176 

Notice  of;  number  of  days  same  shall  be  published 169 

Not    transferable 188 

Oath  to  contract;  form  of 216 

Offenses.      (See  Offenses;  fines  and  penalties.) 

Officers  not  to  be  interested  in 210,211 

Opening   of   bids: — 

Bidders  to  be  notified  of  time  and  place  for 214 

Failure  to  file  bond 213 

Notification  of,  who  may  be  present 214 

Rules  governing,  by  whom  prescribed 212 

Time    for 214 

Open-market   purchases 170 

For  sales  to  officers  and  enlisted  men 175 

Printing  and  binding,  in  time  of  war 999 

Under    $500 -. 172 

Payment    of — 

Appropriations  for,  not  to  be  exceeded 22  176 

From    unexpended    balances  ;    restriction 13 

Periodicals,  purchase  of,  for  executive  departments 191 

Persons  interested  in,  not  to  act  as  Government  agents 164 

Preference  to  be  given  to  American  material 1225 

Preparation  and  execution  of 215 

Condition  to  be  inserted  that  no  Member  of   Congress  shall   share   in 

profits   derived   from 187 

Printed  instructions,  etc.,  to  be  furnished 218 

Profits  from  :  Members  of  Congress  prohibited  from  sharing  in 187 

Proposals  ;  separate  contract  in  each  case 1228 

Publication  of  notice,  number  of  days,  etc 169 

Provisions   governing 170 

Public  buildings,  construction  of  ;  security  for  labor  and  material 49 

Public  lands   (see  also  Public  Lands) 1008 

Public  works  (see  also  Public  works)  :  restriction 1222, 1226 

Purchases  against  contractors  ;  failure  to  fulfill 213 

Purchases  for  future  years  ;  funds  available  for 9 

Purchases  of  rations  ;   by  whom  made 181,  182 

Purchases  of  regular  and  miscellaneous  supplies  ;   by  whom   made 168 

Quartermaster  supplies  ;  officers  not  to  be  interested  in  purchase  or  sale  of-  210,  211 
Rations.      (See  Rations.) 

Regular  and  miscellaneous  supplies 168 

Regulations,  etc.,  to  be  prescribed  by  Quartermaster  General ,__  173 

Rejection  of,  right  reserved  to  United  States 169 

Rental  of  public  buildings  ;  restriction 125^ 

Requiring  advances  of  money,  to  be  filed  with  auditor 219 

Restrictions  governing  purchase  of  public  lands 1008 

Restrictions  governing  purchase  of  supplies 22,  176 

Return  of;  penalty  for  failure  to  make 217 

Returns  office  ;  copy  of  contract  to  be  filed  in 215 

Oath  of  officer  to  be  attached 216 

Penalty  for  neglecting  to  file  copy  of  contract  in 217 


272  INDEX. 

Contracts  and  purchases — -Continued.  Paragraph. 

Rights  of  action  for  breach  of  contract  reserved  to  United  States 188 

Sales  to  officers  and  enlisted  men ;   supplies   for,   to  be  purchased  in   open 

market 175 

.    Secretary  of  War  to  have  direction  of . 167 

Settlement  for,  to  be  made  by  auditor  when  contracted  for  abroad 975h 

Sewing  machines  :  exchange  of,  in  part  payment  for  new 178 

Stationery,  etc.  :  one-year  term  only 177 

Subsistence  (see  also  Rations  and  subsistence)  — 

Complete  delivery  after  inspection L 185 

Delivery  of;  where 185 

Emergency    ration 170 

Exceptional   articles    of 175 

Funds  available  for 1099,   1112,  1196 

Purchase  of;  by  whom : 181 

For  sales  to  officers  and  enlisted  men  ;  funds  available  for 175, 1196 

To  provide  for  complete  delivery 185 

Suits,  evidence  in,  to  be  furnished  by  departments 61 

Supplies  for  the  Army — 

Abroad,  settlement  for 975h 

Advertisement  to  state  preference  for  American  production 184 

Amount  to  be  purchased  ;  Secretary  of  War  to  prescribe 183 

At    Indian    reservations 174 

By  advertisement  and  in  open  market 167-175 

Current  year  necessities  not  to  be  exceeded 186 

Exceeding    $500 172,  173 

Exceptional  articles  of  subsistence 175 

Inspection  of,   where  made 184 

In  time  of  war 189 

Kinds  of,  to  be  prescribed  and  defined  by  Secretary  of  War 183 

Payment    of;    restriction 176 

Regular  and  miscellaneous  supplies 168 

Storage  of;  allowances  for 183 

To  be  defined  and  prescribed  ;  by  whom 183 

Transfer  of,  not  permitted 188 

Transportation  of;  regulations  to  be  prescribed  by 183 

Supplies  for  executive  departments — 

Books,  law  and  reference 191 

Bonds  of  contractors ; 192 

Direct  purchases  restricted '. 192 

General  supply  committee;  creation  of : 192 

How    procured 

Ice,    etc 192 

Miscellaneous    supplies 192 

Opening  of  bids,  time  for;  procedure 192 

Report  of  purchases,  to  whom  made 192 

Stationery 177 

Time-recording  clocks;  restriction 190 

To  be  made  under  direction  of  Secretary  of  War 167 

Transferring  of,  prohibited 

Transportation  of  Army  supplies  ;  by  whom  furnished 

Typewriting  machines  :  exchange  of,  in  party  payment  for  new__  180 

Price  to  be  paid  for  new 

Under  $500,  to  be  purchased  in  open  market 172 

Validity    of    contracts    not    affected    by    noncompliance    with    requirements 

of    bond 43 

Contract  surgeons: 

Appointment  of,  number  authorized,  etc 300 

Mileage 303 

Pay  accounts;  authority  for  assignment  and  transfer  of 302 

Pay    of 301 

Sea  travel,  actual  expenses  of 504 

Travel  allowance,  without  troops  in  Alaska 304 

Contributions : 

For  political  purposes  prohibited;  penalty 8SO-884 

Gifts  to  superiors  prohibited 879 

Conveyances.     (See  Public  vehicles.) 

Conylcts.     (See  Military  convicts.) 

Cooks  and  bakers  (see  also  Enlisted  men)  : 

Prizes  for,  amount  appropriated 651 


INDEX.  273 

Corporals  (see  also  Enlisted  men)  :  Paragraph. 

Monthly  pay,  etc 571,  574 

Correspondence.     {See  Official  correspondence.) 
Court  of  Claims  (see  also  Claims)  : 

Accounting  officers  barred  from  allowed  claims  where  fraud  is  used 142 

Aliens  ;  reciprocal  rights  to  prosecute  claims  in 133 

Allowance  of  qosts  to  prevailing  party 130 

Appeals  in  Indian  cases,  etc 151 

Attorney  General  to  appear  for  defense 15i> 

Bills  pending  in  Congress  for  payment  of  claims  may  be  referred  to 128 

Call  for  information  on  departments  and  Congress 140 

Civil  War  claims;  loyalty  a  jurisdictional  fact 152 

Claimants'  allegation  of  loyalty  may  be  put  in  issue — ._^ 138 

Claims  for  damages  ;  determination  of 122 

Claims  pending  in  other  courts  not  to  be  filed  in 132 

Claims  referred  by  Congress;  report  of  facts,  conclusions,  etc 128 

Claims;  time  for  filing  of . 134 

Concurrent  jurisdiction  of  district  courts  ;  when 109 

Costs,  allowance  of 130 

Counterclaims,  determination  of 122 

Decree  of,  to  act  as  a  credit  in  settlement  of  accounts  of  disbursing  officer.  123 
Departments  or  congressional  committees  may  be  requisitions  for  informa- 
tion,   papers,    etc.  ;    exception 140 

Dismissal  of  claims  for  treasonable  acts 137 

Enforcement  of  judgment 122 

Evidence  to  be  furnished  by  departments  in  suits  pending  in 61 

Findings;  when  may  be  reported 124 

Filing  of  claims;  time  limit 134 

Final  judgments  a  bar  to  further  demands 147 

Made  on  settlements  by  auditor : 148 

Payment  of 127 

Findings;  when  may  be  reported 124 

Forfeiture  for  fraud  or  attempts  thereat 141 

Fourth  of  July  claims  rejected  in  excessive 142 

Further  demands  ;  final  judgments  a  bar  to 147 

Further  hearings,  etc 129 

Indian  cases,   appeals   in 151 

Information,  etc.,  authority  for  calling  for 140 

Interest  not  allowed  prior  to  judgment 145 

Judgments,  enforcement  of  against  claimants 122 

Judgements  in  cases  referred  by  departments,   etc 125 

Interest  not  allowed  prior  to 145 

May  be  stayed  ;   when 144 

Payment    of ,    147 

Payment  under  to  be  a  full  discharge 146 

Jurisdiction  of.     (See  also  Jurisdiction.) 

Property  taken  after  June  1,  1865 139 

Legal  services  required  by  departments  to  be  performed  by 69 

Losses  by  disbursing  officers,  etc.,  decree  of,  to  act  as  a  credit 123 

Lost  funds;  credit  for „. ; 1142 

Loyalty,  proof  of  required  ;  when 138 

Matters  transmitted  by  department  heads  ;  procedure,  etc 126 

Multiplicity  of  claims;  restriction 132 

New  trials  on  motion  of  United  States 144 

New  trials,  provisions  for,  on  request  of  claimant ; 143,  144 

Payment  of  claims,  referred  by  Congress 128 

Payment  of  judgments  in  cases  transmitted  to 127 

Payment  of  judgments  to  be  a  full  discharge 146 

Petition — 

Dismissal  of,  if  allegiance  disproven 137 

Form  of 136 

For  release  from  official  bond _ 149 

For  settlement  of  unadjusted  accounts 149 

To  be  filed  within  six  years  after  accrual ;  exception •. 134 

Procedure  by  Attorney  General - 61 

Property  issued  after  June  1,  1865  ;  jurisdiction  of 139 

49392—18 18 


274  INDEX. 

Conrt  of  Claims — Continued. 

Prosecution  of  claims —  Paragraph. 

Reciprocal  rights  granted  to  aliens 133 

Rights  of  appeal ;  settlement  of  accounts  unadjusted  for  three  years 150 

Rights  of  married  women,  minors,  etc 135 

Set-off,  counterclaims,  and  enforcement  of  judgment 122 

Statute  of  limitations  ;  exception 134 

Suits  and  proceedings,  officers  of  Department  of  Justice  to  perform  legal 

services  required  for  other  departments 69 

Supplies,  etc.,  Civil  War;  loyalty  a  jurisdictional  fact 152 

Treaty  claims  ;  jurisdiction  of,  not  to  extend  to 131 

Vouchers,  papers,  etc.,  to  be  transmitted  to  court ;  when 125 

Witness  fees  ;  allowance  of  to  prevailing  party 130 

Courts-martial.     (See  Offenses  against  public  property  and  discharge.) 
Civilian  training  camps.     (See  Citizens  training  camps.) 
Death  In  the  service  (see  also  War-risk  insurance)  : 

Civilians 965 

Officers  and  enlisted  men — 

Burial   expenses 853 

Compensation  in  case  of 853 

Funeral   expenses 306,  853 

Gratuity    pay 450 

Aviation  accident 452 

Deceased  officers  and  enlisted  men: 

Beneficiaries.     (See  Beneficiaries.) 

Effects  of,  how  accounted  for 451 

Funeral  expenses  ;  payment  of 306 

Settlement  of  accounts  of 305 

Deductions  from  pay: 

Absence  from  duty 428 

Absence  without  leave.     (See  Absence  without  Leave.) 
Commissioned  officers — 

Arrears  in  accounts 531,  532 

Damages  or  repairs  to  arms,  equipment,  etc 529,  530 

Deficiencies  in  accounts 530,  531 

General  Staff  Corps,  allowing  violations,  etc 316 

Rations  purchased  on  credit 528 

Restrictions  governing 532 

Enlisted  men — 

Alteration   of  clothing 615 

Clothing  allowance  overdrawn 608 

Rations  purchased  on  credit 652 

Repairs  or  damage  to  arms,  equipment,  etc 654 

Tobacco  purchased  on  credit 653 

National  Guard  ;  property  lost  or  destroyed 706 

Dental  Corps: 

Appointment  of  dental  surgeons 453 

Pay  and  allowances  of  dental  surgeons 454 

Depositaries : 

National  banks  designated  as 1091 

Duties,  liabilities,  etc 1091 

Public  funds — 

In  Cuba,  Porto  Rico,  and  Philippine  Islands 1092 

Deposits : 

Enlisted  men — 

Accounting  for,  method,  etc 621 

Authority  for 621 

Compulsory 841 

Interest    on 841 

Forfeiture  of;  when 621 

Interest  on  $5  or  over 622 

Pay  deposit  fund,  establishment  of 832 

Regulations  governing;   by  whom  prescribed 623 

Repayment  of  on  discharge 621 

Deserters : 

Apprehension  of — 

Reward  for,  amount,  etc 1161 


INDEX.  275 

Deserters — Continued. 

Apprehension^  of — Continued.  Paragraph, 

Who  is  authorized  to  arrest -  1159,  1160 

Deposits  of  pay  forfeited  by 

Designated  depositaries.     (See  Depositaries.) 
Detached  duty: 

Detached  officers'  list,  organization  and  composition  of 458 

Duty  with  troops  required 457 

Duty  with  the  Organized  Militia 457 

Enlisted  men  ;  United  States  Disciplinary  Barracks,  for  duty  at__  818 

Restrictions   suspended   during  present  emergency    (war  of   1917) 479 

Service  with  troops  ;  line  officers  before  grade  of  major 455 

To  include  field  officers  of  the  line 456 

Special  temporary  duty  counted  as  actual  presence  with  command 456 

Detached  officers'  list: 

Assignment   of   details 458 

Duty  with  Organized  Militia 457 

Increase  made  for  duty  with  National  Guard 457 

Increase  of  colonels  of  Cavalry  and  Infantry 458 

Organization  and  composition  of 458 

Proportional   number   authorized 459 

Service  with   troops   required 459 

Details : 

Civilian- 
Commissions,   councils,   boards,   etc 890 

Employees  of  headquarters  of  departments,  restricted 318 

How   made 885 

Office,  Chief  of  Staff;  restriction 299 

Office   of  the  President 889 

Outside  of  the  District,  for  duty  in,  prohibited _  886,  887 

Period  of  time  restricted 885 

Persons  employed  in  the  District,  for  duty  outside,  restricted 888 

Renewals  of 885 

Temporary,  allowed  ;  renewals,  etc 885 

Commissioned  officers — 

Acting   Judge   Advocate 462 

Aviation    duty 290-293 

Below  grade  of  major  ;  restriction 455 

Bureau  of  Insular  Affairs — 

Assistant  to  chief  of 471 

Restriction 455 

Chief    of 469 

Principal  assistant  to  chief  of 470 

Chief  of  Coast  Artillery 474 

Chief  of  Staff  Corps  or  departments 464 

Chief  of  Telegraph  and  Cipher  Bureau,  Executive  Office : 467 

Chief   Ordnance   Officer,    to   staff   of   an   Army,    corps,    or   department 

commanders    

Civilian  marksmanship,  director  of 782 

Colonel,  lieutenant  colonel,  or  major,  not  to  be  detached  or  remain  de- 
tached ;    exception 456 

Cuba   and    Panama 477 

Detached  duty.     (See  Detached  duty.) 

Educational    institutions 562-566 

Professors  of  military  science  and  tactics 755,  759 

First  lieutenant,  Ordnance  Department 

Inspection  of  accounts  of  disbursing  officers ;  restriction..          1037 

Military  Academy,  as  quartermaster  and  commissary  of  cadets__  478 

Military   information   from   abroad 506 

Military  Bureau ;  assistants  to  Chief  of 

National  Guard  ;  authority  for 473 

Ordnance  Bureau  ;  principal  assistant  of 460 

Ordnance  Department ;  first  lieutenants  of 468 

Ordnance  officers,  to  staff  of  an  Army,  corps,  or  division  commanders —  463 

Panama,  government  of 477 

Panama  Canal,  tour  of  duty 458 


276  INDEX. 

Details — Continued. 

Commissioned  officers — Continued.  Paragraph. 

Philippine    Constabulary 455,  466 

Chief  or  assistant  chief  of;  restriction 455 

Philippine  Islands,  tour  of  duty 472 

Porto  Rico  Regiment  of  Infantry 391 

Commanding  officer  of;  restriction 455 

Public  buildings  and  grounds  ;  officer  in  charge  of 461 

Reserve  Officers'  Training  Corps--   755,759 

Restriction  on  details  of  colonels,  lieutenant  colonels,  and  majors 456 

Inspection  of  accounts  of  disbursing  officer 1037 

Suspended  during  present  emergency   (war  of  1917) 479 

Service  schools,  pay  during  suspension  of  academic  studies 496 

Staff  corps  or  departments — 

Quartermaster   Corps   duty ;    performance   of,    by    regimental,    etc., 

staff  officers 476 

Service  with  troops,  etc.,  deemed  line  duty 475 

Restrictions  governing 464 

United  States  disciplinary  barracks 817 

Volunteers  as  officers  of 745 

Retired    (see  also  Retired  commissioned  officers)  — 

Above  grade  of  major,  etc r.r,:; 

Extended  to  include  colonel  and  lieutenant  colonel r>r>4 

Acting  quartermasters,  not  regarded  as  service  with  troops f>61 

Adjutant  general,  District  of  Columbia  Militia 558 

College  professors 562,  563,  505,  506 

Educational  institutions 562,  560 

Commutation  of  quarters  to  be  paid  by  school r.oi 

In  time  of  war :»;;n 

Military    attache's ;    recruiting    in    connection    with    National 

Guard 500 

Organized  Militia,  District  of  Columbia 557,  5..:? 

Pay  form  not  to  exceed  that  of  major 550 

Recruiting  in  connection  with  National  Guard 560 

Reserve  Officers'  Training  Corps 755 

Service  with  volunteers 408 

Soldiers'  Home;  duty  at —  552 

Staff  duties  not  involving  service  with  troops - 560 

Temporary  command  of  post  without  garrison 555 

Enlisted  men — 

Construction  work  ;  written  order  necessary  for 586 

Duty  at  recruiting  depots 582,583 

Duty  at  United  States  disciplinary  barracks 582 

Educational   institutions 756,  759 

Guards,  United  States  disciplinary  barracks 599,600,  818 

Military  Academy — 

As  clerk  in  office  of  adjutant 331 

Noncommissioned  officer  in  charge  of  mechanics 331 

Philosophical  and  chemical  departments  and  lithographic  office 331 

Regular  Army  Reserve,  to  educational  institutions 756 

Reserve  Officers'  Training  Corps 756,  759 

Restrictions  suspended  during  present  emergency  (war  of  1917) 479 

Rifle  ranges  for  civilian  instruction 780 

Schools  ;  commutation  of  quarters  and  extra-duty  pay  to  be  borne  by 597 

Stenographic  reports,  acting  as 596 

United  States  disciplinary  barracks  __                                                   _  599,  600,  818 
Retired   (see  also  Retired  enlisted  men)  — 

Reserve  Officers'  Training  Corps 7,~»0 

Volunteers,   service  with 408 

Officers'  Reserve  Corps — 

First  lieutenants,  medical  section,  active  duty  in  time  of  peace 

In  time  of  war 738 

Philippine  Scouts  (see  also  Philippine  Scouts) 380,391 

Regular  Army  Reserve,  to  educational  institutions 756 

Dl- inirsrinc nis  (see  also  Public  moneys)  : 

Abroad 1052-1062 

Application  of  moneys  appropriated 22,  1094 


INDEX.  277 

Disbursements — Continued.  Paragraph. 

Authority  to  accountable  officers  to  intrust  money  to  other  officers  making  ; 

responsibility    therefor 

Expenditures  limited  to   appropriations 22,  1094 

In  case  of  insufficient  balances 1097 

Method  of  keeping  account  of 1172 

Mileage  ;  to  be  accounted  for  and  disbursed  as__ 

Public  funds  ;  to  be  applied  solely  to  objects  for  which  appropriated ._  22, 1094 

Restrictions — 

Limited  to  amount   appropriated -  22, 1094 

To  be  applied  solely  to  objects  for  which  appropriated--  -  22,  1094 

Disbursing  agents   (see  also  Agents,  disbursing  officers,  and  special  agents)  : 

Bonds  of 27 

Serving  in  Alaska 307 

In  foreign   countries 307 

Disbursing  officers  (see  also  Public  moneys)  : 
Accounts    (see  also  Accounts)  — 

Administrative  examination   of;   by   whom   made 1041 

Audit  of,  by  whom  made '      1040 

Certificate  of  differences  on  revision : 1065 

Credit  for  lost  funds;  when 1142 

For  advances  for  burial  expenses 263 

Decisions  of  comptroller  in  advance  of  payment 1033 

Decree  of  Court  of  Claims  to  act  as  a  credit  in  settlement  of 123 

Deficiencies  in  property  accounts  to  be  deducted  from  pay 530 

Deficiencies  to  be  reported  to  sureties 33 

Delinquencies ;   auditor   may   disapprove   requisitions   for   advances 1044 

Examination  of,  rules  and  regulations  for 1039 

Examination  of,  time  for  extended 1045 

Failure  to  render;  procedure., 1036 

How  analyzed  and  recorded 1020 

Inspection  of  by  comptroller  and  auditor 1176 

By  officers  of  the  Army 1037 

Lost  funds,  credit  for 1142 

Mailing  of,  rules  for  to  be  prescribed  by 1046 

Time   for 1044,  1047 

Monthly;  time  for  transmission  of 1047,1048 

Xonreceipt  of;  evidence  necessary 1047 

Oaths  required  in  settlement  of;  who  authorized  to  administer 1178 

Outstanding;  reports  to  be  rendered 1081 

.Particular;  audit  and  settlement  of;  by  whom 1064 

Property;  deficiencies  in  to  be  deducted  from  pay 530 

Rendition  of  according  to  distinct  items 1051 

Rules  and  regulations  for;  by  whom  prescribed 1180 

Time    for 1047 

Revision   of " 1063 

Separate  entry  for  each  payment  or  transfer 1103 

Settlement  of;  by  whom 1064 

Where   further   evidence   is  necessary 1162 

Unchanged  for  three  years 1034 

Where  evidence  of  honorable  discharge  is  necessary 1032 

Suspended  items;  revision  of  original  settlement 1162 

Time  for  mailing  of 1044,  1047 

Unchanged  for  three  years 1034 

.  Additional  pay  for  acting  as  not  authorized 419 

Allotments  of  pay  to  pass  to  credit  of  :  when 603 

Erroneous  payments  to  be  collected  from 604 

Arrears   in   accounts 531 

Authority  to  intrust  money  to  other  officers  making  disbursements 1101 

Responsibility  therefor 1101 

Aviation  section,  Signal  Corps,  reserve  officers  and  men  of  to  be  paid  by 297 

Balances — 

Neglect  or  refusal  to  pay  into  Treasury 1069 

Suits  for  recovery  of 1069 

Bonds   of    (xce  Bonds)- — 

Examination  of,  how  often 24 

Increase   of;   how   often '. 26 

]',\  whom 26,  27 


278  INDEX. 

Disbursements  — Continued. 

Bonds  of — Continued.  Paragraph. 

Renewal  of,  how  often 29,  30 

Requirements  of  new   bond  ;   when   waived 29 

Sureties  on  released  after  five  years  without  suit •  34 

Deficiencies   to   be   reported   to   sureties 33 

Checks,    lost,    etc. — 

Action  in  case  of  death  of  issuing  officer 1077 

Issuance  of  duplicate  ;  when ; 1076 

Checks,    outstanding — 

Report  to  be  made  by  auditor  in  lieu  of  return 1082 

Three  years  or  more 1078 

Checks,  sale  of,  at  a  profit ;  penalty,  etc 1035 

Checks  to  indorsee  on  pay  accounts  permitted 418 

Certificate  of  nonindebtedness  required  prior  to  final  payment  on  discharge.  482 

Claims  for  losses  ;  where  filed,  etc 123 

Credits- 
Deductions  from  carriers,  property  lost  in  transit 1143 

For  advances  for  burial  expenses 263 

For  lost  funds 1 1142 

Decision  of  comptroller  in  advance  of  payment 1033 

Deficiencies  in  accounts  to  be  deducted  from  pay 530,  531 

Delinquencies  ;  auditor  may  disapprove  requisitions  for  advances 1044 

Detail  of  regimental,  battalion,  and  squadron  quartermasters  for  duty  as 476 

Disbursements  (see  also  Disbursements)  — 

Account  of  to  be  rendered  by  distinct  items 1051 

In  case  of  insufficient  balances 1097 

Inspection  of,  by  officers  of  the  Army 1037 

Duties  of 1086-1088 

Examination  and  inspection  of  accounts  ;  by  whom 1037 

Exchange  of  funds  ;  restriction 1141 

Exchange,  payment  of 307 

Expenditures  in  case  of  insufficient  balances 1097 

Expenses  of  commissions,  councils,  boards,  etc. ;  how  payable 1095 

Restriction 1096 

Failure  to  render  accounts  ;  penalty 1036 

Final  payment  on  discharge 482 

Funds,  advances  of  (see  also  Advances  of  public  moneys) 1044,1070,1073 

Deposit  and  safe-keeping  of 1086-1088 

Deposit  of  without  deduction 1089 

Duties  as  custodian   of 1088 

Exchange   of;   restriction _  1141 

Requisitions  for  advances  not  to  be  countersigned 1164 

Separate  entry  of  each  payment 1103 

Subsistence ;  authority  for  retaining  restricted  amount  for  purchase  of_  1100 

How   applied 1100 

To  credit  of  after  three  years  ;  how  covered  into  Treasury 1034 

Unpaid  for  three  years  or  more,  vouchers  for 1079 

Inspection  of  books,  papers,  etc.,  by  whom 1176 

Insufficient  balances  ;  payment  of  pressing  obligations  in  case  of 1097 

Liabilities  outstanding  three  years  or  more 1078 

Lost  checks  (see  also  Checks)  — 

Action  in  case  of  death  of  issuing  officer 1077 

Duplicates  may  be  issued  ;  when 1076 

Lost   funds;   credit  for 1142 

National  Guard.     (See  National  Guard.) 

Nonreceipt  of  accounts  ;  evidence  necessary 1047 

Offenses — 

Converting  funds  to  own  use -  1104, 1111 

Depositing  funds  where  not  authorized 1107 

Embezzlement  of  public  moneys 1104-1106 

Failure  to  keep  as  required 1115,  1116 

Failure  to  render  accounts 1106 

False    returns 

Loaning  of  public  moneys,  etc 1104 

Sale  of  checks,  etc.,  at  a  profit 1035 

Unlawful  use  of  public  moneys 1104 


INDEX.  279 

Disbursing  officers — Continued.  Paragraph. 

Officers  acting  as,  no  additional  pay  allowed , 419 

Outstanding  checks — 

Report  to  be  made  in  lieu  of  return 1082 

Three  or  more  years,  how  covered  into  Treasury 1078 

Payments  ;  decision  of  comptroller  in  advance  of 1033 

Profits  arising  from  sale  of  checks,  etc 1035 

Property  accountability.      (Sec  Accountability  and  public  property.) 

Rendition  of  accounts  ;  procedure 1049 

Reports  to  be  rendered  in  lieu  of  return  of  outstanding  checks 1082 

Revision   of  accounts 1063 

Revision  of  settlements 1162 

Special  agents,  bonds  of 27 

Subsistence  funds  ;  authority  for  retaining  restricted  amount 1100 

Suits  for  recovery  of  balances  due  the  United  States 1069 

Transfer    for    funds    for    payment    of    reserve    officers    and    men,    aviation 

section,  S.  C 297 

Discharge : 

Aviators,  Signal  Corps 294-297 

Civilians- 
Gifts  to  superiors,  etc 879 

Habitual  use  of  intoxicants 897 

Inefficiency,    cause   for 891 

Membership  in  societies  for  improving  conditions,  etc.,  not  cause  for 951 

Old   soldiers,  sailors,  etc.,  to  be  retained 949 

On   charges 950 

\       Political  purposes,  failure  to  contribute  to  not  cause  for 882 

Commissioned  officers — 

Failure  to  pass  examinations — 

Below  grade  of  major 480 

Medical  Corps,  below  grade  of  lieutenant  colonel 481 

False   return   of   clothing,   funds,   etc 1188 

Final  payment  of  on 482 

National  Army   (war  of  1917) 483 

Travel   allowance    on 533 

Duplicate   certificate  of,   not  to   be  accepted  as   voucher   in   settlement   of 

claims 98 

Disbursing  officers — 

Premiums  on  sales  not  accounted  for 1035 

EnUsted  men — 

Enlisted   Reserve  Corps 809 

Clothing,  etc.,  issued  to  be  accounted  for  on 807 

Honorable — 

By    purchase 625 

Certificate  of,  sufficient  authority  for  burial  in  national  cemeteries.  246 

Clothing  money  allowances ;  balances  due  for  to  be  paid  at  time  of_  608 

Dependent    families 626,  627 

Evidence  of,   to   be  returned  where  filed  to   secure  settlement  of 

accounts — _ 1032 

National  Army 628 

Sea  travel,  transportation  and  subsistence  to  be  furnished 656 

Transportation  of  authorized  change  of  station  baggage  allowance-  1281 

Transportation  of  baggage,  10  or  more  years'  service 1281 

Travel  allowance 624 

Appropriation    for 1266 

Travel  pay,  rate,   etc 655 

War  of  1917,  at  termination  of 628 

Final— 

By  purchase 625 

Enlisting  prior  to  November  1,  1916 631 

How  same  may  be  procured 630 

Reenlisting  at  end  of  three  years'  continuous  service 647 

At  end  of  four  years'   continuous  service 646 

Insane  patients  ;  travel ;  allowance  ;  authority  for 1266 

Military  prisoners — 

Clothing  to  be  issued  to  on  ;  authority  for,  etc 611,  612 

Donation   of  $5 613 

Travel   allowance,    authority   for 1266 


280  INDEX. 

Discharge — Continued. 

Enlisted  men — Continued.  Paragraph. 

National  Guard  (see  also  National  Guard),  enlisted  men  of 665,  724 

Officers  of 666,  667,724 

Physical  disability 1266 

Officers'  Reserve  Corps,  members  of : 732 

Pay  and  allowances  not  to  accrue  while  under  suspended  sentence 629 

Reserve    officers 483,  732 

Veterinary  Corps — 

Assistant  veterinarians  ;  failure  to  pass  examinations 541 

Disciplinary  Barracks.     (See  United  States  Disciplinary  Barracks). 
District  Courts  (see  also  Claims  and  Court  of  Claims)  : 

Concurrent  jurisdiction  of,  with  Court  of  Claims;  when 109 

District  of  Columbia: 

National  Guard.     (See  National  Guard.) 
Purchase  of  fuel.     (See  Fuel.) 

Rental  of  public  buildings.     (See  Public  buildings  and  rental  of  public  build- 
ings.) 
Division  of  bookkeeping  and  warrants  (see  also  Accounts  and  public  moneys)  : 

Establishment  of,  duties,  etc 1168 

Documents.     (See  Public  publications.) 
Donations : 

Gifts  to  superiors  not  permissible 879 

For  political  purposes,  prohibited ;  penalty 880-884 

Draft  and  pack  animals : 

Purchase  of   (see  also  Public  animals) 203,204 

Drafts : 

Outstanding;  payment  of,  upon  presentation 1080 

Remaining  unpaid  for  three  or  more  years,  vouchers  for 1079 

Sale  of,  at  a  profit ;  penalty 1035 

Easements.     (See  Public  lands.) 

Educational  institutions  (see  also  Reserve  Officers'  Training  Corps)  : 

Bonds  to  be  furnished  for  supplies 757,759 

Issue  of  supplies  to,  where  military  instruction  camps  are  maintained 757,  759 

Military  training ;  roster  to  be  kept  of  all  persons  qualified  for  service 770 

Reimbursement  to  institutions  furnishing  own  uniforms 760 

Sales  of  public  stores  ;  authority  for  ;  price  to  be  charged 1204 

Proceeds  of,  how  applied 1259 

Efficiency  ratings: 

Annual  statement  to  be  rendered — 

Salaries  of  clerks  below  a  fair  standard  of  efficiency 1250 

Copies  of,  to  be  furnished 891 

Bureau  of  Efficiency — 

Duties  relating  to  efficiency  ratings  transferred  to 892 

Establishment  of,  in  departments 891 

Members  of  National  Guard  not  to  be  affected  by  leave  for  field  or  coast  de- 
fense   training 915 

Members  of  Officers'  Reserve  Corps  not  to  be  affected  by  leave  taken  for  duty 

with  troops  or  field  exercises 916 

System  of 891 

Reductions  in  force;  how  made 891 

Reductions  in  rank  or  salary 891 

Electric  light  and  power: 

Executive  departments,  contracts  for 192 

Sale  of  surplus  product  of 1154 

Embezzlement  (see  also  Offenses,  fines,  and  penalties)  : 

Prima  facie  evidence  of ' 1130 

Punishment  for 1104-1107,  1114 

Record  evidence  of 1109 

Employees.     (See  Employment  and  personnel — Civilians.) 
Employees'  Compensation  Commission: 

Awards,  cancellation  of,  where  made  by  mistake 990 

Review  of,  etc 9K9 

Claims  to  be  determined  by .         9S8 

Employees'  compensation  fund 987 

Establishment  of  (see  also  Injuries  received  in  the  service) 983 


INDEX.  281 

Employees'  Compensation  Commission — Continued.  Paragraph. 

False  statements,  punishment  for 991 

Inconsistent  laws   repealed 993 

Jurisdiction  of  all  other  offices,  etc.,  transferred  to 1 984 

Rules  and  regulations  to  be  made  by 988 

Subpoenas  for  attendance  of  witnesses,  authority  for  issuance  of 985 

Terms  used,  construction  of 992 

Employment  (see  also  Personnel — Civilians)  : 

Clerks,  etc.,  authority  for 893 

Beyond  provisions  of  law  prohibited 89C 

Number  limited  to  requirements 945 

Congressional  recommendations  not  to  be  considered 899 

Enlisted  men  ;  prohibited  from  civil !  632 

Filipinos;    authority    for 320 

Gratuitous  services,  restricted 900 

Members  of  Officers'  Corps,  allowed,  when 747 

Members  of  National  Guard  to  be  restored  to  former  positions  when  mus- 
tered out  of   service 894 

Personal    services  ;    restriction 900 

Quartermaster  Corps'  clerks,  to  be  limited  to  actual  requirements 945 

Two  or  more  members  of  a  family  holding  positions ;  further  appointments 

restricted 898 

Use  of  intoxicating  beverages  a  bar  to  holding  official  position 897 

Voluntary  service  restricted 900 

Encampments  and  maneuvers : 

Citizens'  Training  Camps,     (See  Citizens'  Training  Camps.) 
National  Guard.     (See  National  Guard.) 

Reserve  Officers'  Training  Corps.      (See  Reserve  Officers'  Training  Corps.) 
Enlisted  men: 

Absence  from  duty 428 

Absence  without  leave  (see  also  Absence  without  leave) 636 

Additional  pay.      (See  Additional  pay.) 
Allotments  of  pay  (see  also  Allotments  of  pay)  — 

Authority    for    making 602 

Compulsory 838 

Disbursing  officers  to  receive  credit  for  ;  when 603 

Erroneous,  chargeable  to  responsible  officer 604 

Voluntary , 602 

Alteration  or'  clothing,  cost  limited 616 

Army  Reserve.      (See  Regular  Army  Reserve  and  Enlisted  Reserve  Corps.) 

Assignments  of  pay  prior  to  discharge  not  valid 605 

Aviation    duty 296 

Baggage,  regulation  allowance,  loss,  or  damage  to 83 

Transportation  of,  in  excess  of  regulation  change  of  station  allowance 1272 

Transportation  of,  10  years'  service,  disability  incurred  in  line  of  duty 1271 

Beneficiaries.     (See  Beneficiaries.) 

Bonus  for  reenlistment  in  time  of  peace 606 

Bounty  for  reenlistment  in  time  of  war 607 

Burials.      (See  Interments  and  National  Cemeteries.) 

Certain,  employed  on  Washington-Alaska  Cable  &  Telegraph  System 601 

Certificate  of  merit ;  when  granted 587 

Chauffeurs,  Signal  Corps,  pay,  etc 575 

Civil    employment    prohibited 632 

Claims  ;  property  lost  or  destroyed 75,  82 

Settlement  of.  no  reduction  for  attorneys'  fees 84 

Clothing  allowance.     (See  Clothing  allowance.) 

Clothing  alterations,   cost  limited '          616 

Clothing  money  allowance,  settlement  of 608 

Clothing  not  to  be  sold,  bartered,  exchanged,  etc 1183, 1184 

Commutation  of  allowances.     (See  Commutation  of  allowances.) 

Conscripts,  pay  and  allowances 581 

Constant  labor,  of  not  less  than  10  days'  duration 585 

Contagious  diseases,  property  lost  or  destroyed,  indemnity  for 614 

Continuous-service  pay  (see  also  Continuous-service  pay) 6.">5 

Cooks  and  bakers,  prizes  for 652 

Death  in  the  service  (see  also  Family  allowance  and  war-risk  insurance-  450.  452,  85-"> 


282  INDEX. 

Enlisted  men — Continued.  Paragraph. 

deceased,  effect  of,  how  accounted  for 451 

Funeral    expenses 310,  853 

Settlement  of  accounts  of 305,  306 

Transportation   of  remains 261,  265 

Deductions  of  pay  (see  also  Deductions  of  pay)  — 

Clothing  allowance  overdrawn 608 

Damages  to  arms,  equipments,  etc 53,  529 

Deficiencies  in   property  accounts 530 

Deposits  of  pay — 

Accounting  for 621 

Authority    for 621 

Compulsory 623 

Forfeiture  of  for  desertion 621 

Interest  on  $5  or  over 622 

Liability    for 621 

Method  of  making  and  keeping 621 

Regulations  governing,  by  whom  prescribed 623 

Repayment  of 622 

Deserters.     (See  Deserters.) 

Detached  duty  (see  also  Detached  duty 818 

Detailed.     (See  Details.) 

Discharged  military  convicts,  issue  of  clothing  to 611,  612 

Donation  of  $5 613 

Discharged.     (See  Discharge,  enlisted  men.) 

Educational  instruction  to  be  given  to 824 

Employment  of  restricted 632 

Enlistment  not  complete  until  unauthorized  leave  exceeding  one  day  has 

been  made  good 636 

Enlisted  Reserve  Corps.     (See  Enlisted  Reserve  Corps.) 

Excess  baggage,  transportation  of,  on  change  of  station 1272 

Extra-duty  pay.      (See  Additional  pay  and  extra -duty  pay.) 

Final  discharge  of  (see  also  Discharge) _  630,631 

Foreign  service.     (See  Foreign  service.) 

Fraudulent  enlistment ;  receipt  of  pay,  etc.,  thereunder  ;  penalty 578 

Honorable  discharge.     (See  Discharge.) 

Heat  and   light 527 

Increased  pay.     (See  Additional  pay  and  extra-duty  pay.) 

Increase  in  term  of  service 240 

Indemnity  for  clothing  and  bedding  destroyed  for  sanitary  reasons 614 

Indian  scouts;  pay  and  allowances  (see  also  Indian  Scouts) 634 

Injuries  received  in  the  service,  compensation  in  case  of 854 

Insurance.     (See  War-risk  insurance.) 

Longevity  pay.     (See  Longevity  pay.) 

Marksman,  sharpshooters,  expert  riflemen,  etc 590 

Master  electricians ;  designation  changed  to  quartermaster  sergeants,  senior 

grade 1246 

Medical  Department ;  privates,  first  class,  when  detailed  as  dispensary  and 

surgical  assistant  and  nurses,  pay,  etc — , 588 

Members  of  Officers'  Reserve  Corps,  leave  of  absence,  etc 916 

Mess  sergeants 589 

Military  Academy — 

Detachment  of  Engineers.^ 334 

Band  and  field  musicians,  first  enlistment 336 

National  Guard.     (See  National  Guard.) 

Pay  and  allowances.     (See  Pay  and  allowances,  enlisted  men.) 

Porto  Rican  Regiment  (see  also  Porto  Rican  Regiment  of  Infantry) 392 

Post  commissary  sergeants,  designation  changed  to 1 

Post  quartermaster  sergeants,  designation  changed  to 572 

Private  property  lost  or  destroyed  (see  also  Claims) 75,78 

Quartermaster  Corps,  pay  and  allowances 571,  573,  574,  1240 

Percentage  of,  each  grade 

Total  enlisted   strength 

Quartermaster  sergeants,  selection  of 1247 

Quarters.     (See  Barracks  and  quarters  and  Commutation  of  allowances.) 

Rations.     (See  Rations  and  subsistence.) 


INDEX.  283 

Enlisted  men — Continued. 

Reenlistment —  Paragraph. 

Bonus  for,  in  time  of  peace 606 

Bounty  for,  in  time  of  war 607 

Regular  Army  Reserve.     (See  Regular  Army  Reserve.) 

Remount  detachments,  authority  for  organization  of 650 

Retired.      (See  Retired  enlisted  men.) 

Sales  to.     (See  Rations  and  subsistence.) 

Signal  Corps — 

Chauffeurs,  grade  created  ;  pay,  etc 575 

Temporary  forces,  pay,  etc 576 

Subsistence  on  discharge,  sea  travel 656 

Stenographic  reporters,  additional  pay  when  acting  as 596 

Training  upon   educational  lines 824 

Travel  allowance  on  discharge 504,  655,  656 

Appropriation   for 1266 

Travel  pay  on  discharge 624 

Vocational   training 824 

Enlisted  Reserve  Corps: 

Active  duty — 

Certificate  of  enlistment  forfeited  for  failure  to  comply  with  order  as- 
signing   to 810 

Instruction  and  training;  time  limit 801 

May  be  extended  ;  when 801 

In  time  of  threatened,  etc.,  hostilities  may  be  ordered  to 811 

Pay  and  allowances 811 

Pay,   service  as  volunteers 812 

Increased  pay,  length  of  service 812 

Pay,  when  to  commence 802 

Subject  to  Rules  and  Articles  of  War  when  on 808 

To  include  time  required  in  actual  travel 802 

Assignment  of  members  to  organizations  of  the  Regular  Army,  etc 800 

Certificate  of  enlistment — 

Forfeiture  of,  for  failure  to  comply  with  order  assigning  to  active  duty_  810 

Rights  conferred  by 797,  801 

Clothing,  etc.,  issued  to,  to  remain  the  property  of  the  United  States 805 

To  be  accounted  for  on  discharge 807 

Unserviceable,  to  be  replaced 806 

Discharge — 

Authority  for,  when  services  are  no  longer  required 809 

Clothing,  etc.,  issued  to,  to  be  accounted  for  on 807 

Enlistment — 

Certificate  of,  rights  conferred  by 797,  813 

Qualifications,  etc.,  necessary  for 797 

Establishment  of 796 

Equipment,  etc.,  issued  to,  to  remain  the  property  of  the  United  States 805 

To  be  accounted  for  on  discharge 807 

Unserviceable,  to  be  replaced 806 

Instruction,  may  be  ordered  to  service  annually  for 801 

Length  of  service;  increased  pay,  etc 812 

Pay  and  allowances,  active  service 811 

Increased  pay,  length  of  service-. 812 

Service  as  volunteers 812 

Retirement;  not  entitled  to 803 

Rosettes  or  knots  to  be  issued  to  members  of 798 

Issue  of  additional 798 

Penalty  for  wearning  when  not  entitled  to 799 

Training  ;  may  be  ordered  to  service  annually  for 801 

Uniforms — 

Same  as  for  enlisted  men  of  Regular  Army 804 

To  be  accounted  for  on  discharge 807 

To  be  issued  in  kind 804 

To  remain  property  of  the  United  States 805 

Unserviceable,  to  be  replaced 806 

Enlistment : 

Applicants  for  ;  transportation  of 1265 

Army  Reserve  ;  discharged  enlisted  men 631 


284  INDEX. 

Enlistment — Continued.  Paragraph. 

Authority  for  serving  out  enlistment  period  without  passing  into  reserve 642 

Commissioned    service    in   volunteer   organizations   to   be   counted   as    con- 
tinuous   service 638 

Continuous  service.     (See  Continuous  Service.) 

Enlistment  period ;  number  of  years  to  be  counted  in  computing  continuous- 
service    pay 640,  641 

Enlisted  Reserve  Corps.     (See  Enlisted  Reserve  Corps.) 

Fraudulent;  receipt  of  pay,  etc.,  thereunder;  penalty,  etc 578 

In  force  at  outbreak  of  war,  to  continue  in  force  for  one  year 788 

National  Army;  discharge  of 628 

National  Guard   (see  also  National  Guard) 698,700 

Period    of 636 

Premiums  to  postmasters  for  securing  recruits 1103 

Reenlistments — 

At  expiration  of  three  years'  continuous  service 647 

At  expiration  of  four  years'  continuous  service 646 

Regular  Army  Reserve.      (See  Regular  Army  Reserve.) 

Reserve;  may  be  furloughed  to  at  end  of  one  year;  when 649 

At  the  end  of  three  years 648 

Serving  out  period  of,  without  passing  into  reserve 642 

Term    of    service 644,  645 

Envelopes : 

Penalty — 

May  be  inclosed  with  communications  calling  for  reply 222 

Postmaster  General  to  contract  for 221 

Equipment  (see  also  Public  property  and  property  accountability)  : 
Accountability.      (See  Accountability.) 

Army,  for  use  of  Citizens'  Training  Camps 771 

Bakehouses;  appropriation  from  which  payable . 1145 

Employees  engaged  in  work  abroad,  sale  of  to 1061 

Issue  of,  educational  institutions,  for  military  training 757,  759 

Enlisted  Reserve  Corps  ;  to  be  accounted  for  on  discharge 807 

To  remain  property  of  the  United  States 805 

Unserviceable,  to  be  replaced 806 

Naval  and  Marine  detachments  ;   when 364 

Kitchens  and  mess  halls  ;  appropriations  from  which  payable 1229 

Loan  of — 

American  National  Red  Cross r 1187 

Bond  to  be  given 1187 

Return  of  upon  request 1187 

Losses  ;  affidavit  may  be  accepted  ;  when 1179 

Certificate  to  be  forwarded  to 1181 

Preparation    of , 1182 

Post  schools  ;  appropriation  from  which  payable 1229 

Sale  of,  employees  engaged  in  work  abroad 1061 

Unserviceable  stores;  inspection  or  survey  of  to  be  made  by 1202 

Estimates  (see  also  Public  moneys)  : 

Affecting  the  revenues  of  the  District;  time  limit 1134 

Amount  of  outstanding  appropriations  to   be   designated 1126 

Annual.      (See  Annual  Estimates.) 

Book  of 1122 

Compilation  of;  official  to  be  designated 1146 

Construction  of  permanent  barracks  and  quarters 1133 

Departmental ;  filing  of,  time  limit 1118 

Explanations  of  variations  and  new  items  required 1137 

Filing  of,  time  for  limited 1118 

Fiscal  year,  when  to  commence 1136 

General  or  lump-sum  appropriations;  statements  required,  etc 1138,1139 

Manner   of    communicating 1123 

Payment  of  Judgments  ;  transmittal  of 1128 

Preparation  of 1123 

Official  to  be  designated  by  each  department 1140 

To  follow  order  of  preceding  year's  appropriations 1120 

Printing  and  binding 997,  1001,  1124 

Proceeds  of  sales  of  old  material ;  statement  to  be  rendered.! 1132 

Separate  communication  to  be  submitted 1133 


INDEX.  285 

Estimates — Continued.  Paragraph. 

Public  buildings,  construction  of 1125,  1133 

Public  works,  preparation  of 1125 

Rearrangement  of  when  not  conforming  to  requirements 1131 

Repairs,  etc.,  public  buildings 1129 

Salaries  ;  to  be  founded  upon  express  provisions  of  law 1127 

Special  or  additional — 

Preparation  of 1122, 1135 

To  be  included  in  Book  of  Estimates 1122 

To  state  necessity  therefor  and  reasons 112? 

Supplementary  or  deficiency  ;  preparation  of 1140 

Transportation  of  the  Army  and  its  supplies  ;  preparation  of 1130 

Estoppel  (see  also  Bonds  and  surety  companies  as  sureties)  : 

Surety  companies  from  denying  power 42 

Evidence  (see  also  Claims  and  Court  of  Claims)  : 

To  be  furnished  by  departments  in  suits  pending  in  Court  of  Claims 61 

Exchange : 

Payment  of,  when  authorized 307 

Executive  Office: 

Detail  of  chief  telegrapher  to 467 

Civilian  employees  1 889 

Expenditures.     (See  Appropriations,  disbursements,  and  public  moneys.) 
Expert  accountant,  Inspector  General's  Office: 

Mileage  of 309 

Pay    of _•_ 308 

Extra-duty  pay   (see  also  Additional  pay)  : 
Enlisted  men — 

Army    Service    Detachment 337 

Constant  labor  of  not  less  than  10  days'  duration 585 

Construction   work,  men   employed  on 5S5 

Detailed    to    schools 597 

Disciplinary  barracks  guards 599,  600 

Employed  on  Washington-Alaska  Cable  &  Telegraph  System 601 

Extra  duty  at  headquarters  of  departments 585 

Foreign-service  pay,  not  entitled  to,  if  in  recipt  of 310 

Instructor  cooks  at  school  for  bakers  and  cooks '. 592 

Mess  stewards  and  cooks  detailed  at  recruit  depots 592 

Military  Academy.      (See  Military  Academy.) 

Service  as  switchboard  operators  for  periods  of  not  less  than  10  days 594,  595 

Signal  service  men  not  entitled  to  unless 593 

Family  allowance    (see  also  Beneficiaries,  war-risk  insurance,  and  allotments  of 
pay)  : 

Acceptance  of  fraudulent  payment;  penalty 836 

Amount  of,  monthly 844 

Apportionment    of 849 

False  statements  ;  penalty 835 

Injuries  received  in  the  service,  compensation  in  case  of 853,  854 

Marriage  to  be  established 833 

Maximum   amount   of 842 

Payment  of,  time  to  commence,  etc 843 

To  whom  same  shall  be  paid  under  Class  A 845 

Under  Class  B,  amount  of,  etc 846 

Field  clerks,  Quartermaster  Corps: 

Pay  and  allowances  of 284-288 

Subject  to  Rules  and  Articles  of  War 284 

Final  statements  (see  also  Enlisted  meni  : 

Clothing  allowances  overdrawn  to  he  charged  on 60S 

Flag  of  the  United  States: 

Addition  of  a  new  star  for  every  now  State 225 

Changes  on  admission  of  a  new  State 225 

Description   of   224 

Desecration,  mutilation,  or  improper  use  of  ;  penalty 228 

Regimental  colors,  retention  of,  by  volunteer  regiments 226 

Registering  of,  as  trade-mark  prohibited 227 

Fines  (see  also  Offenses  and  penalties)  : 

Altering,  etc.,  bond,  bids,  contracts,  etc 154 

Altering  deeds,  powers  of  attorney,  etc 155 


286  INDEX. 

Fines — Continued.  Paragraph. 

American  antiquities,  destruction,  etc.,  of 1021 

Bribery  of  United   States  officer 103 

Conspiracy,  etc.,  to  defraud 162 

Contracting  beyond  specific  appropriations 1147 

Contracting  for  larger  amount  than  appropriated 1227 

Contracts — 

Failure  to  make  return  of : 217 

Persons  interested  in  and  acting  as  Government  agents 164 

Contributions  for  political  purposes 884 

Counterfeiting  bonds,  bids,  contracts,  etc 154 

Counterfeiting  deeds,  powers  of  attorney,   etc 155 

Delivery  of  prize  property  ;  fraudulent  interference  with 1193 

Destroying,  etc.,  public  records 1212 

By  officer  in  charge 1213 

Disbursing  officers  unlawfully  using  public  moneys 1104 

Discharge  or  reduction  of  salary  of  old  soldiers  employed  in  executive  de- 
partments   949 

Embezzling,  etc.,  clothing,  subsistence,  etc 1192 

Extortion  by  officials 1146 

Failure  to  deposit  public  moneys  as  required 1107 

Failure  to  keep  public  funds  as  required 1105 

Falsely  pretending  to  be  United  States  officer 158 

False  acknowledgements,  officers  administering  oaths 157 

False  claims,  presentation  of 1 161 

False  demands  on  fraudulent  power  of  attorney 160 

False  personation  of  holder  of  public  stocks,  etc 159 

False  pretenses,  obtaining  money  under 156-161 

False  statements,  etc 1145 

Injuries  received  in  the  service 991 

Felony  ;    penalty 1115 

Flag  of  the  United  States,  desecration,  mutilation,  etc 228 

Forged  papers,  when  in  possession  of 156 

Forging  bonds,  bids,  contracts,  etc 154, 1214 

Forging  deeds,  powers  of  attorney,  etc 155 

Impersonating  holder  of  stocks,  pensioners,  etc 159 

Impersonating  United  States  officer  with  intent  to  defraud 158 

Misdemeanors  against   national  cemeteries 252 

Officers  failing  to  render  accounts  of  public  moneys 1106 

Officers  interested  in  claims  against  the  United  States 1112 

Official   accepting   bribe 1113 

Power  of  attorney,  fraudulent ' 160 

Public  moneys,  extortion 1146 

False  certificates 1145 

Receipting  for  larger  sum  than  paid 1144 

Relating  to  official  duties — 

Acceptance  of  bribery  to  influence  award  of  contracts,  etc 166 

Government  employees  practicing  before  departments 165 

Receiving  pay  for  services  in  relation  to  contracts,  etc .. 165 

Robbery  of  personal  property  of  the  United  States _ 1191a 

Stolen  property,  receiving,  etc 1116 

Unlawful  purchase  of  public  property 161, 1107 

Violations  of  provisions  of  law  governing  pay 939 

Fiscal  year: 

Commencement  of 

Forage : 

Commutation  of.      (See  Commutation  of  allowances.) 

Contracts  for,  to  be  limited  to  current  year  necessities  ;  exception 186 

In  kind,  authority  for  issue  of 484 

Allowances  of,  rate,  etc 486 

Issue  of,   to  whom 486,487,488,490 

No  discrimination,  officers  serving  east  of  the  Mississippi  River 487 

Officers  not  to  be  deprived  of;  when ,_  489,490 

Restriction  governing  allowance  of 486 

Issue  of,  educational  institutions 758 

Naval  and  marine  detachments  ;  when .*>64 

Officers  separated  from  number  of  owned  horses 490 


li^TDEX.  287 

Forage — Continued.  Paragraph. 

Officers  stationed  at  military  posts  west  of  the  Mississippi  River 485 

When  on  duty  with  troops  in  the  field , 485 

Foreign  service: 

Tour  of 455,  456 

Foreign-service  pay: 

Beyond  limits  of  United  States 310 

Canal  Zone,  not  payable  for  service  in 313 

Ceases  with  day  of  return  to  United  States 310,  311 

Civilians 319,  933 

Commences  with  day  of  departure  from  United  States 310,  311 

Employees  headquarters  of  departments,  service  in  the  Philippines 319 

Enlisted  men  entitled  to  20  per  cent  increase 310,  311 

Enlisted  men  in  receipt  of,  not  entitled  to  extra-duty  pay 310 

Hawaii,  not  payable  for  service  in 313 

Nurses   (female) 370 

Officers  entitled  to  10  per  cent  increase 310,  311 

Outside  of  the  limits  of  the  United  States 310,  311 

Panama,  not  payable  for  service  in 313 

Philippines,  employees  of  department  headquarters,  transport  service  in 312,  319 

Porto  Rico,  not  payable  for  service  in 313 

Quartermaster  Corps  employees 933 

Transport  service,  Philippine  Archipelago 312 

Forgery.     (See  Offenses,  fines,  and  penalties.) 
Forfeiture  of  pay  (see  also  Stoppages  of  pay)  : 
Civilians- 
Unauthorized  absence  on  31st  day  of  month 929 

Commissioned  officers — 

Absence  without  leave 426,  428,  491 

Detached  duty,  failure  to  comply  with  terms  of 455,  456 

General  Staff  Corps,  officers  allowing  violations,  etc 316 

Forms.     (See  Blank  forms.) 
Fnel: 

Allowances  of,   prohibited 441 

Commutation   of,  prohibited 441 

Contracts  for,  to  be  limited  to  current  year  necessities 186 

In  kind- 
Allowances  of,  for  officers'  quarters 488 

Authority  for  issue  of 484 

Restriction  governing  allowances  of 488 

Purchase  and  inspection  of,  in  the  District 192 

Certificate  to  be  exhibited  when  required 197 

Certificate  of  weight,  etc.,  to  be  furnished 196 

Copy  of  appointment  of  inspectors  to  be  furnished  to  accounting  officer.  194 

Inspection  and  weighing  of 193 

Payment  of,  by  accounting  officers,  prohibited,  unless 196 

Funds.     (See  Public  moneys.) 

Funeral  expenses.     (See  Deceased  officers  and  enlisted  men.) 

General : 

Office  of,  to  cease 420 

Revived  during  present  emergency 421 

General  Staff  Corps: 

Business   transferred 314 

Chief  of  Coast  Artillery  assigned  to  General  Staff 314 

Forfeiture  of  pay,  officers  allowing  violations,  etc 316 

Mobile  Army  and  Coast  Artillery  divisions  abolished 314 

Specific  duties  to  be  adhered  to 315 

General  Supply  Committee: 

Creation    of __  192 

How  supplies  may  be  drawn  from 192 

How  supplies  may  be  purchased  from  contractors  through 192 

Gratuities  (see  also  Family  allowance)  : 

Bonus  for  reenlistment  in  time  of  peace 606 

Bounty  for  reenlistment  in  time  of  war 607 

Civilians- 
Injuries  received  in  the  service 965 

Clerk  to  be  detailed  to  sign 1173 


288  INDEX. 

Gratuities — Continued. 

Clothing  destroyed  on  account  of  contagious  diseases —  Paragraph. 

Enlisted   men 609 

Hospital    attendants 609 

Clothing,  discharged  military  prisoners 611,  612 

Commissioned  officers — 

Death  in  the  service _ 450,853 

Aviation  duty 452 

Failure  to  pass  examinations  upon  discharge,  account  of 480,  481 

National  Army  on  discharge 483 

Donation  of  $5  to  each  dishonorably  discharged  prisoner 613 

Enlisted  men — 

Death  in  the  service 450,853 

Aviation  duty 452 

Injuries  received  in  the  service,  civilians 969 

Officers,  enlisted  men,  and  members  of  Nurse  Corps 852-854 

Reservists,  reporting  for  active  duty 793 

Veterinary  Corps,  assistant  veterinarians  of 541 

Gratuitous  services: 

Acceptance  of,  prohibited 900 

Members  of  Officers'  Reserve  Corps,  allowed;  when 747 

Gun  commanders.     (See  Additional  pay.) 

Gunners,  first  and  second  class.     (See  Additional  pay.) 

Gun  pointers.     (See  Additional  pay.) 

Harbor  boats  (see  also  Transports)  : 

Additional  pay  of  employees  on,  in  lieu  of  subsistence 934 

Headquarters  of  departments: 

Clerks,  etc.,  at,  pay,  etc 317 

Details    restricted 318 

Employment  of  Filipinos,  authority  for,  pay,  etc , 320 

Enlisted  men  employed  at,  pay  and  allowances 585 

Foreign    service,    increased   pay    for 319 

Headstones.     (See  National  cemeteries.) 
Heat  and  light: 

Allowance  of,  for  officers'  quarters 527 

Appropriation   for 449 

Commutation  of  (see  also  Commutation  of  allowances)  — 

Army   field   clerks 287 

Field  clerks,  Quartermaster  Corps 287 

Nurse  Corps,  members  of 374 

Retired   enlisted  men 657 

Where  no  public  quarters  are  available 619 

Military  Academy — 

Chapel    organist 229 

Choirmaster 

Regulations  governing;  by  whom  prescribed 527 

Higher  command: 

Pay  for,  in  time  of  war 413 

Holidays : 

Executive  department  employees 904 

Per  diem  employees 901-903 

Horses  (see  also  Public  animals)  : 

Attendants  to,  appropriation  for  pay  of 205 

Bedding,  shoeing,  shelter,  etc.,  when  to  be  furnished 489,  490 

Breeding  of — 

Appropriation  available  for , 

Appropriation   not  available   for 

Cavalry,  Artillery,  and  Engineers 205 

Appropriation  for,  not  to  be  expended  for  polo  ponies,  exception 205 

Draft,  purchase  of  limited 203,204 

Equipment  for 414 

Executive  mansion;  accommodation*  for,  to  be  provided  by  Quartermaster 

General 1253 

Forage  in  kind,  issue  of ;  to  whom 486,  487,  489,  490 

Indian  Scouts  ;  pay  for  owned 634 

Inspection  of,  before  payment 200 


INDEX.  289 

Horses — Continued. 

Issue  of —  Paragraph. 

Educational    institutions;    when 758 

Naval  and  Marine  Detachments  ;   when 364 

Military    Academy 205 

Military  posts  and  stations,  purchase  of  in  open  market 202,  205 

National  Guard,  care  of,  etc.,  funds  for 694 

Men  detailed  to  care  for,  pay,  etc 694 

Purchase  of,  authority   for 691,692 

Forage,  bedding,  shoeing,  veterinary  services,  etc.,  funds  for 694 

Issue    of,    regulations    governing 208,  691,  692 

Purchase    of    for 207 

District  of  Columbia,  pay  for,  when  used  in  case  of  riot,  etc 669 

Officers'  mounts,  appropriation   for 202,  205 

Open   market  purchases 205 

Owned  horses,  purchase  of 206 

Pay    for    mounts 408 

Payment   after   inspection 200 

Private  mounts  of  officers,  purchase  of  by  Government;  when 206 

Transportation  of  excess  number  authorized 1275 

Transportation  of  from  point  of  purchase  to  station —  1274 

Purchase  of — 

Cavalry,  Artillery,  and  Engineers 205 

Military  posts  and  stations;  when  purchased  at 202,205 

Number   limited 205 

Races,  etc.,  restriction  governing  payment  of  expenses  of  officers  attending.  19 

Sale  of,  authorized 1207 

Condemned  Army  horses '-  693 

Service  schools,  for  officers  at 205 

Shows,  fairs,  etc.,  payment  of  expenses  of  officers,  enlisted  men,  and  horses.  19 

Transportation   of 1278-1280 

Private   mounts   of    officers 1274-1275 

Hospital  attendants: 

Gratuitous  issue  of  clothing  in  case  of  contagious  diseases 609 

Hospital  matrons  (see  also  Nurse  Corps)  : 
Post  or  regimental  hospitals — 

Pay  of 378 

Rations 379 

Hospital  nurses  (see  also  Nurse  Corps)  : 
General  hospitals — 

Pay  of 378 

Rations 378 

Post  or  regimental  hospitals — 

Rations 379 

Hospital  stewards : 

Quarters  ;  construction  of  for 1221 

Hours  of  work  (see  also  Working  hours  and  personnel — civilians)—  _   1234,  1235 

Ice: 

Purchase    of . 192 

Sale  of  surplus 1154 

Imprisonment.     (See  Offenses  and  penalties.) 

Increased  pay  (see  also  Pay  of  the  Army  and  additional  pay)  : 

Aviators,  Signal  Corps,  for  length  of  service--  294 

Chief  nurses 370 

Civilians — 

During  fiscal  year  1918,  rate,  etc 927 

Paid  from  lump-sum  appropriations,  increased  during  fiscal  year  1918_  930 

Service  in  the  Philippine  Islands 319 

Commissioned  officers   (see  also  Details)  — 

Acting  as  disbursing  officers,   none   for 419 

Acting  judge  advocates 462 

Aids   430 

Aviation   duty 290-293 

Brevet  rank  does  not  carry 

Chief  of  Bureau  of  Insular  Affairs 469 

Assistants    to 471 

Principal    assistant 470 

49392—18 19 


290  INDEX. 

Increased  pay — Continued. 

Commissioned  officers — Continued.  Paragraph. 

Chief  of  Coast  Artillery,  when  detailed  as 474 

Chief  telegrapher,  Executive  Office 469 

Continuous  service.     (See  Continuous-Service  Pay  and  Longevity  Pay.) 
Detailed.      (See  Details  and  Commissioned  Officers.) 
Foreign   service.      (See   Foreign   Service.) 

Higher  command  in  time  of  war 413 

Longevity;   each  term   of  five  years 497 

Restriction 499 

Military  Academy,  when  detailed  at 478 

National  Guard,  when  detailed  with 473 

Ordnance  Department — 

Chief  Ordnance  Officer,  assigned  to  staff  of  an  Army,  or  corps  and 

division   commanders 463 

First  lieutenant,  officer  detailed  as 468 

Principal   assistant,   Ordnance   Bureau 460 

Philippine  Constabulary,  when  detailed  with 466 

Philippine  Islands,  service  on  transports  in 312 

Philippine  Scouts,  officers  detailed  with 381 

Porto  Rican  Regiment  of  Infantry,  field  officers  of 391 

Public  buildings  and  grounds,  officer  in  charge  of 461 

Retired — 

College  details;   proviso    (sec  also  Retired  Commissioned   Officers, 

Active    duty) 564 

Enlisted  men.     (See  Additional  pay  and  Extra-pay  duty.) 
National  Guard.     (See  National  Guard.) 
Indemnity : 

Clothing  and  bedding  destroyed  for  sanitary  reasons 614 

Indian  scoots: 

Enlistments,    authority   for 633 

Noncommissioned  officers 634 

Discharge  of 633 

Pay  for  horses  furnished tjo4 

Indians  on  frontiers : 

Issue  of  rations  to  ;  authority  for 403 

Injuries  received  in  the  service  (see  also  Employees'  Compensation  Commission)  : 
Civilians- 
Action  for  damages,  assignment  of,  in  case  of  legal  liability  upon  some 

other     person 981 

Allowances  in  case  of  death 96.". 

Application  of  damages  received  by  employee  from  another  party 982 

Assignment    of    action    for    damages    in    case    of    legal    liability    upon 

some  other  person 981 

Assignment  of  claims  void 980 

Awards,   cancellation  of,   where  made  by  mistake 990 

Review   of,   by    commission 989 

Burial    expenses    allowed 9»i«; 

Claims,   assignment   of   void 980 

Determination  of iiss 

Filing  of '.'7:: 

'Forms  to  be  used '.»74 

Time  for 97." 

Review  of  awards 989 

Compensation,  authority  for '.>r,i; 

Compensation  Commission    (Employees'),  establishment  of 9s:', 

Computation  of  lump-sum  commutation '.n'»'.» 

Computation  of  monthly  pay  of  employees '.»<'»  7 

Damages   in    case  of   legal   liability   upon    some   other    person,    assign- 
ment  of   action 081 

Death  resulting  from,  allowances  in  case  of : 9»;:; 

Employees'  Compensation  Commission,  establishment  of '•'*•"• 

Jurisdiction   transferred   to '.'M 

Employees'  compensation  fund;  appropriation  for,  etc 9sT 

Examination    fees 978 

False   statements,   punishment,   etc '-'-'I 


INDEX.  291 

Injuries  received  in  the  service — Continued. 

Civilians — Continued.  Paragraph. 

Forms  to  be  used  in  filing  claims 974 

Hospital  services   to  be  provided !MJ4 

Inconsistent   laws    repealed 993 

Inquiry  ;  written  notice  of  required 970 

Interment   expenses    allowed 966 

Jurisdiction  of  all  other  offices,  etc.,  transferred  to 9S4 

Leave  with  pay  to  be  used  first 96:5 

Lump-sum  commutations,  computation  of 960 

Medical  examinations  ;  suspension  of  pay  on  refusal  to  allow 976 

Reexamination  if  physicians  disagree 977 

Fees,   how   payable,   physicians   now  in   the   service   of  the  United 

States 978 

Medical  supplies  and  services  to  be  furnished 964 

Minors  and  learners 961 

Monthly    compensation 961,  966 

Notice   of  in   writing   necessary 970 

Preparation   of j. 971 

Time  limit  for  filing  of 972 

Other  pay  restricted,  pensions  excepted 962 

Partial  disability — 

No  pay  if  refusing  to  work 959,  900 

Wage  earning  capacity,   how  determined 968 

Pay  :  allowance  in  case  of  death : 965 

Computation  of  employees'   monthly  pay 067 

None    during   first   three   days 957 

Partial     disability 959 

None  if  refusing  to   work 960 

Restriction 962 

Suspension  on  refusal  to  submit  to  medical  examination 976 

Total    disability 958,  961 

Written  notice  necessary  to  secure 972 

Prior  injuries,  settlement  for 993 

Punishment  for  false  statements 991 

Reexamination  if  physicians  disagree 977 

Report  of  injury  to  be  made  by  superior  officer 979 

Rules  and  regulations  to  be  prescribed  by : 986 

Settlement  for  prior  injuries 993 

Subpoenas  for  attendance  of  witnesses  ;  authority  for  issuance  of 985 

Superior  officers  to  report  same 979 

Surgical  supplies  and  services  to  be  furnished 964 

Terms  used,  construction  of 992 

Time  for  making  claims . 975 

Total  disability,  pay,  etc 958 

Monthly  compensation  in  case  of 961 

Transportation  to  be  furnished  if  necessary 964 

Wage-earning  capacity,  partial  disability  ;  how  determined 968 

Witnesses  ;  authority  to  issue  subpo?nas  for  attendance  of 985 

Written  notice  necessary  to  secure  pay 972 

Written  notice  of  injury  to  be  forwarded 970 

Preparation  of 1 971 

Officers,  enlisted  men,  and  members  of  Nurse  Corps  (Female)  — 

Action  where  United  States  is  not  legally  liable 866 

Burial   expenses 853 

Claims  for — 

Filing  of;  time  limit 861 

Payment  of,  when  to  commence , 862 

Compensation — 

Army  Nurse  Corps,  members  of 865 

Assignment  of  not  permissible 863 

Death  resulting  from 853 

Filing  of  claims  for;  time  limit 861 

Not  payable  for  period  reported  missing 859 

Not  payable  until  death  is  recorded 859 


292  INDEX. 

Injuries  received  in  the  service— Continued. 

Officers,  enlisted  men.  and  members  of  Nurse  Corps   (Female) — Continued. 
Compensation — Continued. 

Disability —  Paragraph. 

Partial 854 

Total 854 

Exempted  from  attachment,  etc 863 

From   taxation 863 

Not  payable  when  in  receipt  of  service  or  retirement  pay 864 

Revision  of;  who  authorized  to  make 857 

Review  of  awards  for 857 

When  not  payable -—  852,  856,  859,  864 

When  to  commence 862 

Death  resulting  from— 

Compensation  to  beneficiaries 853 

Payments,  time  limit 858 

Time  limit  for  filing  claims 861 

Liability  of  some  person  other  than  United  States  ;  action  in  case  of —  866 

Medical  examinations,  treatments,  etc 855 

Medical,  surgical,  hospital  services,  and  supplies  to  be  furnished 854 

Partial  disability — 

Earning  capacity 854 

Medical  examinations,  treatments,  etc 855 

Medical,  surgical,  hospital  services  and  supplies ; 854 

Payment  in  case  of 854 

Payments — 

In  case  of  death  resultng  from 853 

Time  limit 858 

Monthly;  how  determined 854 

Partial  disability 854 

Revision  of 857 

Suspension  of 852.  856 

Total  disability 854 

Permanent  disability — 

Enlistment  in  case  of 856 

Suspension  of  payment;  cause  for 852,856 

Vocational  training  in  case  of 856 

Total  disability- 
Nurse  or  attendant  to  be  provided,  pay,  etc;  exception 854 

Payment  in  case  of 854 

Inspector  General's  Office: 

Expert  accountant  of;  pay,  mileage,  etc 308,309 

Inspections : 

Accounts,  public  moneys.      (See  Accounts  and  public  moneys.) 

Appropriation  for  mileage  not  to  be  expended  for  ;  exception 507 

Books,  etc.,  disbursing  officers 1176 

Horses  for  the  Army 200 

Of    fuel.      (See    Fuel.) 

Of  supplies  for  the  Army,  at  designated  points 184 

Insurance.     (See  War-risk  insurance.) 
Interments  (see  also  National  cemeteries)  : 
Arlington    National    Cemetery — 

Amount  allowed  for 248 

Confederate  soldiers  buried  in  National  Soldiers'  Home 270 

Confederate  soldiers  dying  in  the  District 271 

Army  nurses,  authority  for,  in  national  cemeteries 247 

Certificate  of  discharge  sufficient  authority  for,  in  national  cemeteries 246 

Civilians  dying  outside  of  the  United  States 262 

Cuba  and  China  ;  monuments  or  tablets  for  soldiers  temporarily  interred  in_  243-245 
District  of  Columbia  cemeteries — 

Amount  allowed  in  each  case  ;  District  to  bear  one-half  of  expense 248 

Expenses  of,  appropriation  for 

Headstones,  authority  for 

Marking  graves  of  Confederates 240-242 

Records  of,  to  be  kept;  where 

Soldiers  buried  in  private,  village,  or  city  cemeteries 237 

Honorably    discharged    soldiers,    sailors,    and    marines 246 

Inclosures  ;   authority  for 236 


INDEX.  293 

Interments— Continued.  Paragraph. 

Little  Rock  National  Cemetery  ;  amount  allowed  in  each  case 249 

National  cemeteries  ;  Revenue-Cutter  Service,  officers  and  men  of 250 

Post  cemeteries,  stone  markers  for  graves  of  civilians  buried  in 239 

Private,  village,  or  city  cemeteries  ;  headstones  for  graves  of  soldiers,  etc —  237 

Registers;  authority  for 236 

Revenue-Cutter  Service,  officers  and  men  of 250 

Transportation  of  remains  ;   appropriation  for *. —  261-265 

Reimbursing  family,   etc 262-264 

investigations : 

Payment  of  expenses  of,  from  mileage  appropriations  restricted 507 

Judgments  (see  also  Claims  and  Court  of  Claims)  : 

Final;  a  bar  to  further  demands 147 

Forfeiture  of  rights  on  failure  to  pay 41 

New   trials,  when   allowable 143 

Payment  of,  claims  against  the  United  States 127 

Payment  of,  may  be  stayed;  when ! —  144 

To  be  a  full  discharge 146 

Surety  companies;  forfeiture  of  rights  on  failure  to  pay 41 

Jurisdiction   (see  also  District  courts,  circuit  court  of  appeals,  Court  of  Claims, 
and  Claims  against  the  United  States)  : 

Circuit  court  of  appeals 114,  115 

Comptroller  of   the   Treasury 1033,1174-1176 

Congress  over  public  lands 1009,  1014 

Court  of  Claims 116-120 

Claims   for   damages,    etc 120 

Claims  on  contracts,  damages  not  sounding  in  tort,  etc 117 

Claims  for  property  taken  after  June  1,  1865 139 

Claims  pending  in   other   courts  excluded 132 

Counterclaims,   etc 120 

Losses  by  disbursing  officers 121 

Set-offs__ 120 

Treaty  claims  barred 131 

War  claims,  etc.,  barred 118,  119 

District  courts — 

Concurrent  with  Court  of  Claims:  when 109 

Over  national  cemeteries  by  United  States 251 

United  States  Circuit  or  District  Courts — 

Public  lands,  acquisition  of,  by  condemnation  proceedings 1006 

Procedure 1007 

United  States  courts — 

Actions  or  suits,   reference  bonds 40 

Kissinger,  John  R.,  payment  to 283 

Labor  and  material  men: 

Bonds  for  protection  of.      (See  Bonds.) 
Labor-saving  devices : 

Exchange  of,  in  part  payment  for  new 178,  180 

Land-grant  roads  (see  also  Transportation)  : 

Travel  over,  deduction  from  mileage  accounts 514 

Lands.     (See  Public  lands.) 
Lapses  salaries : 

Disposition  of  funds  accruing  from 1 16 

Lacear,  Mabel  H.,  payment   to 282 

Leases.     (See  Public  buildings  and  public  lands.) 
Leave  of  absence: 
Civilians — 

Annual  (see  also  Annual  leave) : 909-911 

To  be  exclusive  of  Sundays  and  legal  holidays 911 

To  be  in  addition  to  sick  leave 1016 

Employees  of  arsenals,  etc 913 

Members  of  National  Guard  during  field  or  coast  defense  training 915 

During  parades  and  encampments 914 

Members  of  Officers'  Reserve  Corps,  duty  with  troops  or  field  exercises 916 

Pay  to  stop  at  expiration  of,  granted 912 

Sick  leave,  authority  for 917 

Without  pay 912 


294  INDEX. 

Leave  of  absence — Continued. 

Commissioned   officers —  Paragraph. 

Absence  from   Philippines 495 

Accrued  leave  ;   appointed  from  Volunteers  to  Regular  Army 494 

Alaska,  officers  serving  in 493 

Authority     for 492 

Cumulative — 

Amount   of   limited 280 

Computation  of 493-495 

Nurse  Corps " 370,  376 

Officers  serving  in  the  Philippine  Islands 495 

Officers  appointed   from  volunteers 494 

Exceeding   thirty   days 491 

Full  pay  while  on,  how  treated 491 

Half  pay  while  on,  how  treated 491 

Instructors  at  Military  Academy 362,  363 

Instructors  at  service  schools  during  suspension  of  studies 496 

Leave  credits,  officers  appointed  from  volunteer  service 494 

Members  of  Officers'  Reserve  Corps,  duty  with  troops  or  field  exercises, 

etc 913 

Mileage,  change  of  station  while  on 515 

Military  Academy,  officers  on  duty  at 363 

Superintendent   of 362 

Not  exceeding  30  days 491 

Pay  status  while  on 491,492 

Service  in  Alaska  or  without  the  limits  of  the  United  States 493 

Service  in  the  Philippines  ;  commencement  and  termination  of 495 

Sickness,   wounds,   etc.    . 491 

Three  months  without  permission,  forfeiture  of  pay,  etc 426 

Without  the  limits  of  the  United  States 493 

Legal  holidays.     (See  Holidays.) 
Length  of  service: 

Commissioned    officers — 

Each  term  of  five  years,  increased  pay  for : 497 

Restriction    499 

Service  with  Officers'  Reserve  Corps  not  counted  for  retirement 746 

Service  with  Volunteer  forces,  War  of  the  Rebellion 501 

Computation    of — 

Actual  time  of  service _ 502 

Service   as   a   cadet 503 

Service  in  the  Navy 503 

Service  in  volunteer  forces,  War  of  the  Rebellion 501 

Enlisted    men — 

Commissioned  service  in  Porto  Rico  Provisional  Regiment 638 

Commissioned  service  in  volunteer  organizations 638 

Commissioned  service  with   Philippine   Scouts 638,  639 

Continuous-service   pay  ;   when 635 

Enlisted  Reserve  Corps ;  increased  pay,  etc. 812 

Enlistment   period,    number   to    be    counted   in    computing   continuous- 
service  pay 640,  641 

Reenlistment  within   three  months  from  date   of  discharge 635,  636 

Service  as  officer  in  Reserve  Corps 643 

Service  with  volunteer  forces,  War  of  the  Rebellion 501 

Serving  out  enlistment  period 642 

Enlistments,   term  of -  644,  645 

Maximum  pay  for  not  to  exceed -  499,  500 

National  Guard   (see  also  National  Guard) -  698,700 

Reenlistments  at  expiration  of  four  years'  continuous  service 646 

At  expiration  of  three  years'  continuous  service 647 

Liability  (see  also  Bonds)  : 

Bonds  ;    officers' 

Injuries  received  in  the  service,  civilians—                                                  956,  999 

Moneys  outstanding,   three   years   or   more 1078 

National  banks  designated  as  depositaries  of  public  funds 

Officers,  enlisted  men,  and  members  of  Nurse  Corps — 

Action  where  United  States  is  not  legally  liable--  866 

Private  property,  officers  and  enlisted  men,  lost  or  destroyed »1 


INDEX.  295 

Liability — Continued.  Paragraph. 

Quartermaster  General,  funds  and  property  in  hands  of  subordinates 24,  1170 

Surety  companies  as  sureties;  statement  of  to  be  filed;  when 4d 

Lieutenant  colonel: 

Annual  pay 411 

Horses,   forage  for,  service  in  the  field 485 

Pay  restricted 566 

Lieutenant  general: 

Office  of  to  cease : 422 

Revived  during  present  emergency 414a 

Lieutenant,  Medical  Corps : 

Pay   allowed   on   honorable   discharge ^ 481 

Light: 

For  Officers'  quarters.      (See  Heat  and  Light.) 
Lighthouse  Service: 

Personnel  subject  to  Army  and   Navy   rules  during 1300 

Regulations,  etc.,   preparation   of ' . 1301 

Transfer  of  to  Army  and  Navy;  when 1298,1299 

Little  Rock,  Ark.,  Confederate  Cemetery.     (See  National  cemeteries.) 
Longevity  pay: 

Computation  of 498,  501,  502 

Actual  time  of  service  in  Army  or  Navy  to  be  counted 502 

Brigadier   general   not  entitled   to 497 

Chaplains  and  others  having  assimilated   rank 497 

Colonel,  not  to  exceed 500 

Increase  for  each  term  of  five  years 497 

Computed  on   yearly   pay   of  grade 498 

Lieutenant    colonel,    not    to    exceed 500 

Major,   not  to  exceed 500 

On   yearly   pay   of   grade 497 

Ten  per  cent  for  each  five  years'  of  service 497 

Not  to  exceed  40  per  cent 499 

Service  as   a   cadet 503 

Service   with   volunteer   forces 501 

Increase  for  each  term  of  five  years 497 

Restricted  to  40  per  cent  of  yearly  pay 491 

Maximum  for  colonel,   lieutenant  colonel,  and   major 500 

Not  computed  on  pay  as  aide ± 430 

Restriction;  not  to  exceed  40  per  cent  of  yearly  pay 499 

Retired  commissioned  officers.      (See  also  Retired  commissioned  officers.)  — 

Increase  of  limited  ;  exception 567 

Wounds  received  in  battle 567,  568 

Service  as  a  cadet  not  counted  in  computing 503 

Service  with  volunteers,  War  of  the  Rebellion 501 

Service  in  the  Navy  to  be  counted  in  computing 502 

Lamp-sum  appropriations : 

Employees   paid  from  ;   increase  of  pay  during  fiscal   year  1918 930 

Increased   compensation   restricted  ;   when 931 

Not  available  for  payment  of  additional  pay  to  persons  employed  under 943 

Personal  services  not  to  be  paid  from 942 

Mail,  official   (see  also  Correspondence)  : 

Letters,   packages,   etc.,   to  be  free  of  postage 220 

Major : 

Annual  pay 411 

•    Horses,   forage  for,  service  in  the  field 485 

Pay  restricted 500 

Maneuvers : 

National  Guard.      (See  National  Guard.) 
Marine  detachments: 

Supplies  to  be  furnished  on  requisition  of;  when 370 

Marksmanship,  civilian.     (See  Rifle  ranges  for  civilian  instruction.) 
Medals  (see  also  Badges)  : 

To  volunteers  for  service  in  suppressing  Philippine  insurrection 229 

Medical  Corps: 

Discharge  of  captains  and  lieutenants  of,  for  reasons  other  than  physical 481 


296  INDEX. 

Medical  supplies:  Paragraph. 

Issue  of,  citizens'  training  camps,  members  of  while  attending 771 

Purchase  of  at  military  posts  by  civilian  employees;  authority  for 918 

Mess  halls: 

Tableware  and  furniture,  appropriation  for 7' 

Messengers : 

Executive  departments;  pay,  etc 923 

Mess  sergeants.     (See  Enlisted  men.) 
Messes : 

Purchases  for 7 

Mileage : 

Accounts   - 

Deductions  for  transportation   in   kind 513 

Over    land-grant    roads,    etc 514 

Payment  and  settlement  of;  how  computed 510 

Actual  expenses — 

Alaska,   for  travel  in 1 535 

Officers    on    discharge 536 

Sea-travel,   amount  allowed    for 504 

Allowances  for — 

Rate    per    mile 510 

To  be  made  solely  from  sums  appropriated 509 

Travel    under   orders;    how    determined 504 

Appropriations  for,  not  available  for  inspections  and  investigations  ;  exception  507 

Army    field    clerks 288 

Aviation   officers   and   men,    foreign   armies 512 

Change   of  station  while   on   leave  of  absence 515 

Computation  of — - 

By   table   of   distances 510 

Over    shortest    route 510 

Contract    surgeons 303,  304 

Corps  of  Engineers 518 

Deductions — 

Transportation  furnished  ;  disposition  of 

Rate    at   which    made 513,  514 

Sleeping-car  accommodations 513,  514 

Distances;    computation   of;   routes   established  by 510 

Duty  without  troops  ;  Secretary  of  War  to  determine 511 

Engineer  officers  ;  purposes  of  instruction 534 

Expert  accountant,  Inspector  General's  Office 309 

Field   clerks,    Quartermaster    Corps 288 

Foreign  armies,  officers  and  men  of;  when 512 

How    determined 511 

Inspections;  entitled  to;  when 507 

Not  entitled  to,   for  certain t + 507 

Instruction  ;  travel  expenses  in  lieu  of  mileage  and  allowances 534 

Land-grant  roads,  deduction 514 

Leave  of  absence;  station  changed  while  on 515 

Military  Academy;  graduates  of 328 

Military  information  ;  officers  detailed  to  obtain  from  abroad 50ft 

Necessity  for,  to  be  certified  to  by  officer  issuing  order 503 

Officers  detailed  to  obtain  military  information  from  abroad HOG 

Officers  of  the  aviation  section;   duty  in  connection  with   aviation .~>17 

Foreign  armies 512 

Officers  of  the  Ordnance  Department 516 

Officers  traveling  under  competent  orders 510 

Orders,   competent 504,  510 

What  constitutes 510 

Orders,   to   state  necessity  for  travel 505 

To  state  special   duty   enjoined 508 

Payment  of — 

From  sums  appropriated  thereforJ 509 

Orders  involving,  to  state  special  duty  enjoined 508 

Rate    of 510 

Duty   in  Alaska 535 

Retires  officers,  rate  per  mile 510 

Traveling  under  competent  orders 510 


INDEX.  297 

Mileage — Continued.  Paragraph. 

Sea  travel,   actual  expenses  of 504,  520 

Not  to  include  shore  expenses 504 

Sea   travel,    amount    allowed    for 504 

Certain,  that  is  paid  for  on  basis  of  land  travel 504 

In  home  waters,  in  Philippines,  Hawaii,  and  Alaska,  none 504 

Sea  travel,  officers  on  discharge 536 

Sleeping-car    accommodations    when    furnished;    deduction    for 51. '5.514 

Special  duty  to  be  stated  in  orders  involving  payment  of 508 

Station  changed  while  on  leave-  of  absence : 515 

Transportation — • 

Actual  expenses  of;  when  to  be  paid 535 

Officers  and  men,  foreign  armies  ;  when 512 

Alaska,  travel  in,  entitled  to 535 

In  kind,  on  request 513 

Transportation  requests — 

Deduction,  rate  at  which  made 513,  514 

Travel  allowance — - 

Officers  and  enlisted  men  on  discharge  ;  how  determined 504 

Travel  on  discharge;  without  troops;  how  determined 511 

Travel  over  bond-aided  roads;  deduction 514 

Travel  without  troops;  how  determined 511 

Military  Academy: 

Additional  pay   (see  also  Extra-duty  pay)  — 

Acting  quartermaster  and  commissary  of  cadets 478 

Enlisted  man  acting  as  clerk  in  the  Adjutant's  office 331 

Enlisted    men    in    philosophical    and    chemical    departments   and    litho- 
graphic   office 331 

Librarian  and  assistant  librarian 353 

Noncommissioned  officer  in  charge  of  mechanics,  etc_  . 331 

Quartermaster  and  commissary  of  cadets 355 

Treasurer 355 

Adjutant,  pay  of,  etc 354 

Appropriations — - 

For  polo  ponies 205 

Settlement  of  transactions   between   the   Military   Academy   and  other 

bureaus  of  the  War  Department 322 

To  be  disbursed  and  accounted  for  by  the  Quartermaster  Corps 321 

Army  Service  Detachment — 

Extra-duty  pay  of 337 

Payment   of   from   appropriations   of  the    Quartermaster's   Department 

prohibited 598 

Assistant  instructor  of  military  science  and  tactics,  pay,  etc 347,  348 

Assistant  instructor,  pay,  etc 347 

Associate  professor  of  mathematics,  pay,  etc 346 

Associate  professor  of  modern  languages 345 

Band  musicians,  pay,  etc 336 

Battalion  sergeant  major;  enlisted  man  acting  as,  pay,  etc 339 

Cadets — 

Annual  pay  of 323 

Mileage,  when  graduated 328 

Rations,  and  commutation  of - 325,  326 

Time  of  service,  how  computed 503 

Traveling  expense 324 

Candidates  ;   traveling  expense 324 

Chaplains  ;  appointment  of,  pay,  etc 356 

Civilians- 
Chapel  organist,  allowances  of 329 

Choirmaster,  allowances  of 329 

Custodian  of  gymnasium,  pay  of ; 330 

Commandant  of  cadets,  pay,  etc 340 

Constructing  quartermaster,  increase  pay  of 357,  358 

Continuous-service  pay,  band  and  field  musicians 336 

Details  (see  also  Details) — 

Commissioned  officer  as  quartermaster  and  commissary  of  cadets 478 

Engineer  Detachment — 

Acting  first  sergeant,  pay  and  allowances  of 334,  342 

Retired   pay,   etc 333 


298  INDEX. 

Military  Academy — Continued. 

Engineer  Detachment — Continued.  Paragiaph. 

Cooks;  pay  and  allowances 334 

Corporals:   pay  and  allowances _  334 

Musicians  :   pay  and   allowances :!34 

Privates,  first  and  second  class:  pay  and  allowances- _  ::.".4 

Quartermaster  sergeant :  pay  and  allowances- _  ;'>:'>4 

Sergeants;   pay  and  allowances 3.'!4 

Enlisted    men — 

Acting  battalion   sergeant  major;  pay,  etc 339 

Additional  pay  of  certain 331,478 

Army  Service  Detachment 337 

Band  and  field  musicians 336 

Engineer  Detachment 332,  335 

Overseer  of  waterworks;  extra  duty  pay  of 

Extra-duty  pay  (see  also  Additional  pay)  — 

Army  Service  Detachment,  enlisted  men  of 337 

Overseer  of  waterworks 

Engineer  Detachment 334,  335 

Field  musicians,  pay,  etc 336 

Graduates  ;  mileage 

Pay  of  when  commissioned  as  second  lieutenants--  327 
Increased    pay- 
Constructing   quartermaster 357,  358 

For  length  of  service 344 

Librarian  and  assistant  librarian 353 

Quartermaster  of  cadets 355 

Treasurer 355 

Instructor  of  ordnance  and  science  of  gunnery 342 

Instructor  of  practical  military  engineering 347 

Leave    of    absence — 

Officers,  professors,  etc 363 

Superintendent  of 362,  363 

Librarian  and  assistant  librarian,  additional  pay 353 

Line  officer  on  duty  in  Quartermaster's  Department 359 

Master  of  the  sword 350,  351 

Noncommissioned  officer  in  charge  of  mechanics 331 

Overseer  of  waterworks  ;  extra  duty  pay  of 338 

Pay- 
Cadets 323 

Civilians- 
Custodian  of  gymnasium 330 

Enlisted    men — 

Battalion  sergeant  major;  when  acting  as 339 

Engineer  Detachment 334 

Detachment  of  Engineers,  acting  first  sergeant 332-334 

Officers — 

Aujutant 354 

Assistant  instructor  of  military  tactics 347,  348 

Assistant   professors 347,  348 

Associate   professor  of  mathematics 346 

Associate  professor  of  modern  languages 345 

Chaplains 356 

Commandant  of  cadets 340 

Constructing   quartermaster 357,  358 

During  suspension  of  academic  studies 362 

Instructor  of  ordnance  and  science  of  gunnery,  etc 362 

Instructor  of  practical  military  engineering 347 

Line  officers  on  duty  in  quartermaster's  department 359 

Master  of  the  sword 350,  351 

Permanent  professor,  33  years'  service 360,  361 

Professors    of 341 

Certain  to  have  pay  of  colonel 360,  361 

Increase  for  length  of  service 344 

English    history 343 

Superintendent  of "in 

Teacher  of  music 352 

Treasurer  and  quartermaster  and  commissary  of  cadets 355 


IXDEX.  299 

Military  Academy — Continued.  Paragraph. 

Polo  ponies;  appropriation  for 205 

Professor   of    English    and    history  :    pay.    etc 343 

Professors — 

Leave    of    absence 261 

Pay.  etc 341,  344 

Promotion  of  certain  to  colonel 360,361 

Retirement     of „ 349 

Thirty-three  years'  service,  pay  and  allowances 360,  361 

< Quartermaster  and  commissary  of  cadets;  additional  pay 355 

Retired  enlisted  men  — 

Acting  first  sergeant,  Engineer  Detachment,  pay,  etc 333 

Retired   officers 

Professors :',  M) 

Of  English  and  history 343 

Teacher    of    music 250 

Superintendent — 

Leave    of    absence 362,363 

Pay.     etc 340 

Teacher   of   music,    pay.   etc 352 

Treasurer:   additional  payJ. 355 

Wharfage    dues,    collection    of 1297 

Military  and  Naval  Insurance.      (See  War-risk  insurance.) 
Military  attaches: 

Retired    commissioned    officers   detailed    as,    in    connection    with    recruiting, 

National  Guard,  pay.  etc 560 

With  foreign  army  in  the  field  to  obtain  military  information  ;  commutation 

of    quarters,    entitled    to 446 

Military  colleges.     (See  Army  service  schools  and  Military  Academy.) 
Military  eomicts: 

Dishonorably   discharged  ;   donation   of   $5   to 613 

Issue  of  clothing  to 611,612 

Military  posts: 

Appropriations  for — 

Not   available   for   construction   of   officers'   quarters 1219,  1220 

Schools,  libraries,  exchanges,  etc — 

Funds  available  for  construction,  equipment,  etc.,  of 1230 

Repairs   to  buildings   erected  at  private   cost 1230 

Military  prisons.     (See  United  States  disciplinary  barracks.) 
Military  prison  guards.     (Sec  Details  and  enlisted  men.) 
Military  reservations: 

Abandoned,    grants    to   municipal   corporations 1016 

American  National  Red  Cross,  storage  facilities;  buildings  for 1018 

Disposition    of    useless 1015 

Easements 1013,  1027 

Preservation  of  American  antiquities — 

Excavations,    unauthorized  ;    penalty 1021 

Permits  for 1023 

Regulations,  etc 1024 

Setting  apart  of  historic,  etc.,  lands 1022 

Revocable    leases 1017 

Rights  of  way,  who  may  grant . 1025,  1028 

Sale  or  grant  of,  who  may  withhold  ;  when 1016 

Military  reservations,  Philippine  Islands: 

Control  of.  how  administered 1019 

Easements,  who  may  grant 1020, 1025 

Military  service  schools.     (See  Army  service  schools.) 
Military  storekeeper: 

Office  of  revoked 519 

Revival  of,  in  case  of  Charles  P.  Daly 521 

Military  stores  and  supplies.     (See  also  Contracts  and  purchases.) 

Purchase  and  distribution  of;  by  whom 182 

Militia.     (See  National  Guard.) 

Moneys.     (Ser  Public  moneys.) 

Monuments.     (Sec  Interments  and  national  cemeteries.) 

Motor  trucks: 

Exchange  of,  in  part  payment  for  new 178 


300  INDEX. 

Motor  rehicles:  Paragraph. 

Exchange  of,  in  part  payment  for  new 17!> 

Identification  tags,  to  be  furnished  free  of  cost 127O 

Mounts  (see  also  Horses  and  public  animals)  : 

Equipment   for,    to   whom   furnished 414 

Indian  Scouts,  when  furnished  by,  pay  for 034 

Militia,    District   of   Columbia — 

Pay  for,  in  casa  of  riot,  etc 661> 

Pay   for,  officers  below  grade  of   major 414 

Private  mounts,   purchase  of  by  Quartermaster  Corps 206 

Transportation  of 1274,  1275 

Moving  pictures: 

Rental  of  films,  purchase  of  slides,  etc.,  appropriation  from  which  payable--  1230 
Mules.     (See  Public  animals.) 
National  Army.     (Sec  also  Officers'  Reserve  Corps  and  Enlisted  Reserve  Corp.-o 

Discharge  of  members  at   termination    or   war  of   1917 4s:;.  r,2x 

During   present   emergency   not   authorized 732 

Pay    and    allowances,    enlisted    men 581 

Officers  of 415 

Quartermaster   Corps.      (See   Quartermaster    Corps.) 

Restriction   governing   employment,    detail   and   detachment   of   officers   and 

enlisted   men   suspended 4T1.» 

National  cemeteries: 

Acquisition   or   land  for 232-234 

Antietam    battlefield — 

Care   and   maintenance   of 2T5,  27f»- 

Monuments,    etc 277 

Superintendent  of,  pay,  etc 27s 

Appraisement  of,  real  estate  when  taken  for '. •_':',:•, 

Appropriations — 

Antietam  battlefield 275-27X 

Burials  in  cemeteries  of   the  District  of  Columbia 24S 

Burials  in  Little  Rock,  Ark.,  National  Cemetery,  including  transporta- 
tion thereto 249- 

Burial   of   indigent  ex-soldiers,    sailors,   etc.,   dying  in   the   District    of 

Columbia 248 

Burial   of  civilian  employees  dying  abroad 264 

Burial  of  officers  dying  at  military  posts  or  on  frontiers 263,  264 

Burial  of  officers  killed  in  action  or  dying  while  on  duty  in  the  field__  263 

Burial  of  officers,  soldiers,  etc.,  on  the  active  list 264,  265 

Locating   and   marking  graves   of   Confederates 240-242 

Marking  graves  of  Confederates  dying  in  Federal  prisons  and  military 

hospitals  in  the  North j. __.  240-242 

Marking  places  where  American  soldiers  fell  and  were  temporarily  in- 
terred in  Cuba  and  China 243-245 

Reburial  of  Confederate  soldiers 270 

Remains  of  soldiers  ;  reimbursement  for  expenses  of  transportation  and 

burial 263,  264 

Removal  of  remains  from  abandoned  posts 264 

Roadways,   repairing  of 

Limitation  governing 254 

Stone  markers  for  graves  of  civilians  buried  in  post  cemeteries.  _ 

Transportation  of  remains 249,  261,  265 

Arlington   National    Cemetery — 

Burial  of  indigent  ex-soldiers,  etc.,  dying  in  the  District 248 

Confederate  section;  burials  authorized 270,271 

Reburial  of  Confederate  soldiers  buried  in  Soldiers'   Home 270 

Superintendents,  pay  of,  etc 260 

Burials — 

Advances  for  to  be  refunded 262-265 

Appropriation  for 265 

Amount  allowed   in  each   case 248 

Arlington  National  Cemetery,  amount  allowed 248 

Arlington   or  District  of  Columbia;   one-half  expense   to   be  borne  by 

District  

Army   nurses    

Civilians  dying  abroad 264- 


INDEX.  301 

National  eenu-terh'S — Continued. 
Burials — Continued. 

Confederate   soldiers —  Paragraph. 

In  Arlington   National   Cemetery 271 

Reburials  in,   appropriation   for 270 

Cost  in  each  case 248 

District  of  Columbia  cemeteries — 

Amount  allowed  for 248 

Free  of  charge — 

Army  nurses  dying  in  a  destitute  condition 247 

Kx-*oldiers.  etc.,  who  served  in  the  Civil  War _ 246 

Honorably  discharged  soldiers,  etc.,  dying  at  Army  and  Navy  Hos- 
pital,  Hot  Springs,  Ark 249 

Honorably  discharged  soldiers,  etc.,  dying  in  a  destitute  condition-  246 

1 'reduction  of  honorable  discharge  sufficient  authority  for 246 

Ueveiiue-Cuth-T  Service,  officers  and  men  of;  when 250 

Soldiers,  etc.,  dying  in  the  service 246 

Honorably  discharged  soldiers,  sailors,  and  marines 246 

Indigent  ex-soldiers,  sailors,  etc.,  dying  in  the  District 24G 

One-half  to  be  paid  out  of  the  District  revenues 248 

Little  Rock.  Ark.,  National  Cemetery 249 

Persons  entitled  to  ;  authority  necessary  for 246 

Reimbursing    family,    etc 262-264 

Remains  of  civil  employees  dying  abroad 264 

Remains  of  officers,  etc.,  dying  while  on  the  active  list 264 

Revenue-Cutter  Service,  officers  and  enlisted  men  of 250 

Care  and  maintenance — • 

Annual  estimate  for  to  be  submitted  to  Congress 231 

Antietam    battlefield 275,  276 

Cemetery  near  City  of  Mexico 279,  280 

Confederate  burial  plats 273 

Confederate  cemetery,  Camp  Chase,  Columbus,  Ohio 273 

Confederate  cemetery,  North  Alton,   111 273 

Confederate  cemetery,  Point  Lookout,  Md 273 

Confederate  cemetery,  Rock  Island,  111 273 

Confederate  section,  Greenlawn  Cemetery,  Indianapolis,  Ind 273 

Confederate  cemetery,   Springfield,   Mo 266,  267 

Confederate  cemetery,  Little  Rock,  Ark 268,  269 

Confederate  Mound,  Oak  Woods  Cemetery 272 

Confederate  Stockade  Cemetery,  Johnstown  Island  in  Sandusky  Bay 274 

Report  to  be  made;  when 231 

Who  shall  provide  for 231 

Cave  Hill  Cemetery,  Louisville.  Ky.,  purchase  of  additional  land  for 235 

Condemnation  of  land  for 233,  234 

Confederate  cemetery  at  Little  Rock,  Ark.,  acceptance  of 268,  269 

Confederate  cemetery  at  Springfield,  Mo.,  acceptance  of 266,  267 

Confederate  soldiers  dying  in  the  District,  entitled  to  burial  in  Arlington 

National  Cemetery .  271 

Reburial  of,  in  Arlington  National  Cemetery . 270 

Cuba  and  China — 

Monuments,  etc.,  appropriation  for 243-245 

District  of  Columbia — 

Burial  of  indigent  ex-soldiers,   etc.,   dying  in ;   one-half  expense   to  be 

borne  by  District 248 

Expenses  of  transportation  and  burial — 

Advances  for,  to  be  refunded 262-265 

Amount  allowed  in  each  case 248 

Civilians  dying  abroad 264 

Officers  and  soldiers  dying  abroad 261,  263 

Officers  and  soldiers  killed  in  action 263 

Officers  and  soldiers  dying  at  military  posts  or  on  frontiers 263 

Officers  and  soldiers  dying  while  on  duty  in  the  field 263 

Officers  and  soldiers  dying  while  traveling  unler  orders 263 

Headstones — 

Antietam   battlefield 277 

Authority   for 230 

For  graves  of  civilians  in  post  cemeteries -•".') 

For  graves  of  Confederates 240-242 


302  INDEX. 

National  cemeteries — Continued. 

Headstones — Continued.  I  >a  ra.-i'a  j  >h . 

For  graves  of  soldiers 236,  237 

For  marking  places  where  American  soldiers  fell  and  were  temporarily 

interred  in  Cuba  and  China 243-245 

Records  of  to  be  kept ;  where ; 238 

Inclosures,    appropriation   for 23G 

Interments.      (See  Burials.) 

Jurisdiction  of  United  States  over 251 

Land  for — 

Acceptance  of,   transfer,   etc 269 

Acquisition    of 232-234 

Appraisement    of 232-234 

Condemnation  of 233 

How  acquired 232-234 

Payment  of  appraised  value 234 

Purchase  of,   etc 232 

Additional,  Cave  Hill  Cemetery,  Louisville,  Ky i'35 

Little  Rock,  Ark.,  Confederate  Cemetery — 

Acceptance  of  land  for 268 

Amount  allowed  for  burials  in  each  case 249 

Care  and  maintenance  of '. 269 

Transfer    of,    authority    for 269 

Monuments  or  tablets  in  Cuba  and  China 243-245 

Near  City  of  Mexico 279,  280 

Offenses  against;   penalty 252 

Payment  of  appraised  value  of  land  for 234 

Penalty  for  defacing,  etc 252 

Porter's  lodge,  authority  for  erection  of 258 

Post  cemeteries  ;  stone  markers  for  civilians  buried  in 239 

Purchase  of  land  for;   jurisdiction   of 232,251 

Railroads  not  to  encroach  upon  any  roads,  etc •_'."><; 

Registers;   authority   for 236 

Reimbursement,  burial  expenses,  etc. — 

Disbursing  officers  to  be  credited;  when 263 

Limitation  governing 262-264 

Revenue-Cutter  Service;  burial  of  officers  and  men  of 250 

Roadways — 

Encroachment  by  railroads  forbidden 256 

Repairing  of,   limitation   governing 254,  255 

Appropriation  for 253 

Right  and  title  conveyed  to  city  of  Springfield,  Mo 2."»7 

Single  approach  only  permitted 255 

Springfield,  Mo.,  Confederate  Cemetery — 

Acceptance    of 266 

Care  and  maintenance  of 267 

Transfer  of  to  Government 267 

Stone  markers — 

Graves  of  civilians  in   post  cemeteries 239 

Graves  of  Confederates 240,  242 

Superintendents — 

Appointment  of,  authority  for 258 

Qualifications,    etc. 259 

Authority  to  arrest  persons  committing  misdemeanors 252 

Pay,  etc. •. 260,  278 

Porter's  lodge  to  be  erected  for  use  of 258 

Transportation  of  remains — 

Advances   for   to    be   refunded : 262-264 

Appropriation  for 261,  265 

Civil  employees  dying  abroad 264 

Officers  and  enlisted  men  dying  at  military  camps 261 

Officers  and  enlisted  men  dying  in  Alaska 261 

Officers  and  enlisted  men  dying  outside  the  United  States 261 

Officers  and  enlisted  men  dying  at  sea 261 

Officers  and  enlisted  men  dying  while  on  the  active  list 261 

Officers  and  enlisted  men  killed  in  action 261 


INDEX.  303 

National  cornel  cries — Continued. 

Transportation  of  remains — Continued.  Paragraph. 

Reimbursing    family,    etc 262-264 

To  Little  Rock,  Ark.,  National  Cemetery 249 

National  Guard: 

Accountability   for   supplies   furnished   to 682-689 

Accounts — 

Inspection  of  :  how  often 715 

Rules,  etc.,  to  be  made  by 716 

Allotments — 

Payment  of,  to  property  and  disbursing  officers  on  requisitions 710 

Annual  encampments;   subsistence  during 673 

Appropriations — 

Accounting  of.  by  officers  of  the  Quartermaster  Corps 664 

Apportionment  and  disbursement  of  funds  for 661 

Apportionment  of  among  the  States  and  Territories,   ratio  of 662 

Disbursements,    time   limit 664 

To  be  made  by  officers  of  the  QuarterniMster  Corps 664 

Expenses  of  encampments,   maneuvers,   etc.,   allotment  for 675 

Horses,   purchase   of 601,692 

Care    of 694 

Purposes  for  which  available : 663 

Army  stores;  authority  for  sales  of  to 717,718 

Funds    available    for 717,718 

Bonds   of  properly   and   disbursing   officers 711,  712 

Composition  of 660 

Continuous  active  service  allowed 699 

Damaged  property — 

Credit  allowed  for;   when 686 

Disposition   and  replacement  of 285 

Payment   for;    when 687 

Refusal  a  bar  to  future  allotments 689 

Detail  of  commissioned  officers  for  duty  with 473 

As  assistants  to  Chief  of  Militia  Bureau 705 

Detail  of  enlisted  men  of,  to  rifle  ranges  for  civilian  instruction 678 

Detail  of  retired  commissioned  officers  for  service  with 557 

For  service  in  connection  with  recruiting 560 

Disbursing  officers.    (See  Property  and  Disbursing  Officers.) 

Disbursements;  to  be  made  by  officers  of  the  Quartermaster  Corps 664 

Discharge — 

Enlisted    men 665 

Officers 666,  667 

District  of  Columbia  Militia.      (See  National  Guard,  District  of  Columbia.) 
Encampments — 

Expenses  of,   allotment  for 675 

Participation  in  Army,  etc.,  by 674 

Pay    and   allowances   during 676,  677 

When   to  commence,   etc 678 

Enlisted  men — 

Discharge  of — 

Form,  etc.,  same  as  for  Regular  Army 665 

In  time  of  peace,  prior  to  expiration  of  term  of  enlistment 665 

Regulations  governing  to  be  prescribed  by 665 

Enlistments — 

Compensation  for  part  of  first  year ;  other  duty  accepted  in  lieu  of  drills  700 

Continuous  active  service  allowed 699 

Pay  to  begin  from  date  of 708 

Term  of 698 

Enrollment;    expenses   of 690 

Equipment — 

Care  and  protection   of;  provision  for 682 

Disposition  and  replacement  of  damaged,  etc 685 

Inspection   of;   by   whom 695 

Lost,  etc.,    (see  also  Lost  Property) 680.687 

May  be  requisitioned  for  by  United  States  in  time  of  war 710 

New  types  to  be  furnished  without  charge 683 


304  INDEX. 

National  Guard  —Continued. 

Equipment— Continued.  Paragraph. 

Purchase  and  issue  of,  authority  for (;§j 

Replacing  prior,  etc.,  issues;   obsolete  to  be   turned  in 684 

To  be  the  same  as  for  Regular  Army 680 

To  remain  the  property  of  the  United  States 685 

Unserviceable,  etc.,  to  be  acted  on  by  a  surveying  officer 685 

Expenses  of  enrollment QQQ 

Field  or  coast  defense  instructions  ;  participation  in,  etc 674 

Funds — 

Accounting  for,   etc.    7H 

By  officers  of  the  Quartermaster  Corps 664 

Allotment  of,   for  expenses  of  encanmpments  and   maneuvers 675 

Apportionment    and    disbursement    of 661 

Collections  for  losses,  destruction,   or  damages   to   public  property,   to 

be   covered   into   Treasury 72Q 

Disbursement  of,  time   limit 664 

Proceeds   of   sales,    disposition    of 720 

How  long  available 718 

Unserviceable     property 688 

Purposes    for   which    available 663 

Ratio  of  apportionment 662 

Stoppages  against  officers  and  enlisted  men  ;   dispostion  of 720 

To  be  covered   into  Treasury. 720 

Government    employees,    members    of,    to    be    restored    to    former    positions 

when  mustered  out 894 

Horses — 

Appropriations  for  purchase  of 691,  692 

Care  of,  etc.,  payment  of  men  detailed 694 

Condemned  Army  horses  to  be  issued  to 208,  693 

Forage,  bedding,  shoeing,  veterinary  supplies,  etc.,  funds  available  for 694 

Issue  of,   regulations  governing 691,  692 

Purchase  of,  for 207,  691,  692 

Increased  pay    (see  also  Increased  pay  and  pay  of  the  Army)  — 
Officers — 

Armory    service - 701 

Drills,   instructors   in 701 

Inspection  of  accounts  of;   how  often 715 

Inspection  of  equipment,  records,  etc. ;  by  whom 695 

Reports  to  be  rendered;  purposes  of,  etc. 695 

Instruction  camps  ;  pay  and  allowances  while  attending 677 

Instruction  of  officers  and  men  at  Army  service  schools 696 

Pay  and  allowances  while  attending 697 

Leave — • 

Employees   of   executive    departments,    members    of — 

During   encampments,    etc 914 

During    parades 914 

Engaged  in  field  or  coast  defense  training 915 

Length    of   service — 

Continuous  active  service  allowed 699 

Other  duty  accepted  in  lieu  of  drills 700 

Period    of    enlistment 698 

Proportional  compensation  for  part  of  first  year,  etc 700 

Lost   property — 

Payment  for,  if  due  to  carelessness 687 

Refusal  to  pay  for,  etc.,  a  bar  to  future  allotments 689 

Proceeds  of  collections  to  be  covered  into  Treasury 720 

Unavoidable  causes,  credit  allowed 686 

Maneuvers.      (See   Encampments.) 

Obsolete  property  to  be   turned   in 684 

Officers   of — 

Attached   to   reserve 667 

Discharge — 

For    unfltness 666 

For  other  causes t'';T 

Examination   of,   by   cffioioncy    board <•''•'' 


INDEX.  305 

National  (iiiard — Continued. 

Pay  and  allowances —  Paragraph. 

Active    service _ 701,  702 

Aide-de-camp 702 

Army  service  schools,  while  attending 697 

Chaplains • J 702 

Deductions — 

Lost  or  destroyed  property 706 

During   captivity 580 

During  encampments   and  maneuvers 676 

Enlisted  men — 

Active  service  ;   \vhen  to  commence '. 703,  704 

Armory    service 703 

Drills,    attendance    at 703 

Proportional  tor  part  of  first  year  ;  time  lost  may  be  made  good 700 

Travel  allowance  on  discharge 724 

Up  to  time  of  muster 708 

Enlistments,  to  begin  from  date  of 708 

Increased  pay — 

Armory  service 701-703 

Maneuvers 676 

Men  detailed  to  care  for  horses,  etc 694 

Instruction   camps,   while  attending 677 

National    Guard    Reserve 722 

Officers — 

Armory    service 701 

Assistants  to  Chief  of  Militia  Bureau 705 

Drills,   instructors   in 701 

Travel  pay  on  discharge 724 

Persons  not  entitled   to 707 

Property   and   disbursing  officers 713 

Restriction    governing 707 

Retired  commissioned  officers  detailed  to 557 

For  service  in  connection  with  recruiting 560 

Staff   officers . 702 

Stoppages — 

Property  lost  or  destroyed 688,706 

Target  practice,   etc 676 

To  certain  enlisted  men  for  services 702 

To  certain  officers  for  services 701 

When  to  commence - 678-708 

Proceeds  of  sales — 

Condemned   stores,    disposition   of 720 

Cash  purchase  of  Army  stores  ;  disposition  of 718 

How    long   available 718 

Unserviceable  property  ;  disposition  of 718 

Property  and  disbursing  officers — • 

Accounting  for  funds  of 711 

Appointment  of,  general  duties,  etc 709 

Bonds  of;   when   required 611 

When  not  required 712 

Liquid  coffee  money  ;  to  be  furnished  with 712 

Payment  of  allotment  to,  on  requisitions 710 

Pay  of,  from  general  fund 713 

Rules  and  regulations;  by  whom  prescribed 716 

Traveling  expenses;  when 714 

Public  property — 

In  time  of  war,  may  be  requisition  for  by  Government 719 

Lost  or  destroyed,  to  be  paid  for;  when 687 

Unavoidable  causes,  credit  allowed 686 

Proceeds  of  collections  to  be  covered  into  Treasury 720 

Purchases;  funds  available  for 718 

Rations   (see  also  Subsistence)  — 

Liquid  coffee   money  ;   authority   for 712 

Travel  ration,  funds  for < 712 

Reserve  battalions  for  recruit  training  in  time  of  war 723 

Rules,  etc.,  by  whom  prescribed 716 

49392—18 20 


306  INDEX. 

National  Guard — Continued. 

Sales  to—                                                                                                                     Paragraph. 
Authority  for__  717,  713 

Funds  available   for 717,718 

Proceeds    of 718,  720 

Subsistence   (see  also  Rations)  — 

During   annual   encampments 673 

Surveying  officers — 

Reports  of  to  be  forwarded 685 

Target  practice — 

Expenses  of,  allotment  for 675 

Participation  in  by;  authority  for 674 

Pay,  etc.,  while  participating  in 676 

To  be  made  any  time  after  muster 678 

Transportation,  on  discharge  ;  when 1266 

Reduced  rates  by  common  carriers  permitted 679 

Travel  allowance — 

Enlisted  men  on  discharge 724 

Travel  expenses,  property  and  disbursing  officers 714 

Travel  pay,  officers  of 724 

Travel  ration,  funds  for 712 

Uniform — 

Care  and  protection   of 682 

Damaged  or  destroyed 685-687 

Disposition  and  replacement  of  damaged 685 

Distinctive  mark  required 1306 

Inspection  of;   by  whom - 695 

Issue  of  from  Army  stores 672 

May  be  requisitioned  for  by  Government  in  time  of  war 1_  719 

New  types  to  be  furnished  without  charge 683 

Purchase  and  issue  of,  authority  for 681 

Replacing  prior,  etc.,  issues;  obsolete  to  be  turned  in 684 

To  be  same  as  for  Regular  Army 690 

To  remain  property  of  the  United  States 685 

Unserviceable,  etc.,  to  be  acted  on  by  a  surveying  officer 685 

When  may  be  worn 1305 

Unserviceable  property — 

Proceeds  of  sale  of 688 

To  be  acted  on  by  a  surveying  officer 685 

National  Guard,  District  of  Columbia  (see  also  National  Guard)  : 

Additional  pay — 

Active  service  with  Regular  Army 670 

In  case  of  riot,  etc 669 

Adjutant  General  of,  detail  of  retired  commissioned  officer  as 558 

Army  stores- 
Issue    of    to x 672 

Bands — 

Employment  of  when  necessary  ;  authority  for,  etc 671 

Pay  of  members  of  during  annual  encampments,  days  of  parades,  etc 671 

Clothing   (see  also  Uniform,  National  Guard)  — 

Allowance 667 

Issue  of,  from  Army  stores 672 

Details- 
Retired  commissioned  officer  detailed  as  Adjutant  General  of .1 558 

Encampments   and    maneuvers 674-679 

Band  musicians,  pay  during 671 

Rations  to  be  furnished 673 

Equipage,  issue  of  from  Army  stores,  authority  for 672 

Equipment    of 690 

Horses  used  in  case  of  riot,  etc.,  pay  for 669 

Increased  pay.      (See  Additional  pay.) 

Musicians,  employment  of  when  necessary  ;  pay,  etc 671 

Officers — 

Allowance  for  clothing  and  equipment 667 

Parades,  pay  to  band  musicians  on  days  of 671 

Pay  and  allowances — 

Active  service  with  Regular  Army 670 

Additional  pay.     (See  Additional  pay.) 


INDEX.  307 

National  Guard,  District  of  Columbia — Continued. 

Pay  and  allowances — Continued.  Paragraph. 

Adjutant  general   of 558 

Enlisted    men — 

Duty  in  case  of  riot,  etc 

Horses,  pay  for,  in  case  of  riot,  etc 

Rations,   during   annual   encampments,    etc 673 

Uniforms.       (See    Uniform,    National    Guard.) 
National  Guard  Reserve : 

Enlistments    in 

Officers  who  may  be  attached  to 

Organization  of,   etc 

Pay  when  in  active  training- 
Recruit  training,  in  time  of  war 

Reserve  battalions  for  recruit  training  in  time  of  war__  723 

National  rifle  match: 

Appropriation  for 

Meals  for  competitors  in 

Cost    of,    limited—  784 

Teams    participating    in — 

To  be  authorized  by  Secretary  of  War- 
Transportation    of 785 

Naval  and  marine  detachments : 
On    shore    duty — 

Quartermaster  Corps  to  provide  certain  supplies,  etc -  364,  365 

Nurse  Corps: 

Allowances — 

Commutation    of — 

Heat  and  light 

Quarters 373 

Rations 371,  372,  379 

During  illness 376 

Heat  and  light 374 

Quarters , 373 

Rations   in   kind 378 

Transportation - 367,  369 

Appointment  of  nurses  and  reserve  nurses 375 

Chief  nurses  ;  authority  for  appointment  of 366 

Pay  and  allowances 370 

Cumulative  leave  with  pay 376 

Death  in  the  service,  compensation  in  case  of 853,865 

Discharge  of  nurses  and  reserve  nurses 375 

Establishment  of,  authority  for 366 

Foreign  service  pay  ;   female  nurses 370 

Heat  and  light 374 

Hospital    matrons — 

Pay    of 373 

Rations 'in  kind,  issue  of  to 378,379 

Commutation   of 378 

Increased    pay,    length    of    service — 

Chief  nurses 370 

Nurses    (female) 370 

Reserve    nurses 370 

Injuries  received  in  the  service.     (See  Injuries  received  in  the  service.) 
Insurance.      (See   War    Risk    Insurance.) 
Leave   of   absence — 

Annual 376 

Cumulative 370 

Foreign  service . 377 

Pay- 
Additional,  for  length  of  service 370 

For  foreign  service,  except  Hawaii  and  Porto  Rico 370 

Chief  nurses,   restriction 370 

Hospital  matrons 376 

Nurses 370,378 


308  INDEX. 

>"tirse  Corps — Continued. 

'Pay — Continued.  Paragraph. 

Reserve    nurses 375 

Superintendent   of 366 

Quarters;    commutation    of 373,374 

During    illness 376 

K.-itions — 

Commutation  of — 

Hospital     matrons 378 

Nurses   (female),  on  duty  in  hospitals 372 

Nurses     (male    and    female)    where    rations    in    kind    can    not    be 

furnished 371 

Superintendents 367,  369 

In  kind,  issue  of;  when 378,  379 

Superintendents •- 367,  369 

Itvserve   nurses;   pay   and   allowances 375 

Superintendent  of — 

Allowances 367,  369 

Turing  illness 367,  376 

When   on   duty 369 

Annual   pay,  etc 366 

Cummulative    leave , 376 

Medical  care  during  illness 367 

Quarters,   allowance  for 369,373,374 

Heat  and  light  for 374 

Subsistence,  allowance  for 369,371,372 

During    illness 367 

Transportation   and   travel   expenses 368 

Nurses.     (See  Army  Nurses  and  Nurse  Corps.) 
Oaths : 

American  citizens  engaged  in  work  abroad 1061 

Contractors' — 

Form    of 216 

False  acknowledgments  by  officer  administering;  penalty- 157 

Oath    of    office 919 

Custody    of -1 922 

Form     of 920 

No  fee  to  be  charged  for  administering 877 

Who   may   administer 876,921 

Officers'—  , 

Serving     abroad 1000 

Settlement   of  accounts;   who   may  administer 1178,1179 

To  be  attached  to  return  of  contracts 216 

Persons  prosecuting  claims   agains   the    United   States 64 

Where  same  may  be  administered 65 

To  be  attached   to  officers'    return  of  contracts 216 

To  expense  accounts 878 

No  fee  to  be  charged--- 878 

Travel     expense : 878 

Volunteers,  on  muster  out.  who  authorized  to  administer 482- 

Offenses  against  the  I  nited  States : 

Acceptance    of   stolen    public    property 1116 

Altering  bonds,   bids,   etc 154 

Deeds,    powers    of   attorney,    etc 155 

American  antiquities — 

1,'estrurtioi),     etc..     of    1021 

Appropriations- 

J>  Contracting    beyond    specific—  -  939,  1126,  1147 

Bonds — 

Altering,     forging,     etc.,    of -    154.155 

Failure    to    comply    with    provisions    of    law:    penalty.  43 

ISrilii-ry   of    United   States   officer 163 

Officer    accepting 

Conspiracy,   etc..   to  defraud 162 

'  (       Construction  of  public  buildings — 

Contracting   for  larger  amount   than    appropriated — 

Contracting  beyond   specific  appropriations 939,1147 


INDEX.  309 

Offenses  against  the  United  States — Continued. 

Contracts—  Paragraph. 

Failure  to   make  return   of 217 

Forging,    etc.,    of 154 

Persons  interested  in,  not  to  act  as  Government  agents 164 

Contributions   for  political   purposes 334 

Conversion,   evidence   of 1111 

Counterfeiting    bonds,    bids,    etc.    154 

Deeds,  powers  of  attorney,  etc.   155 

Custodian  failing  to  keep,  etc.,  public  moneys  as  required 1105 

Defacing   national    cemeteries 251 

Disbursing  officers  unlawfully  using,   etc.,   public   moneys 1104 

Discharge  or  reduction  in  salaries  of  old  soldiers 949 

Dishonorable    discharge ;    pay   and   allowances    not   to    accrue    while   under 

sentence   of 629 

Eight-hour    law,    violations    of 1234 

Embezzlement   _  1104-1107,   1114-1116 

Prima  facie  evidence  of 1110 

Record   evidence   of 1109 

Extortion     , 1146 

Failure  to  make  return  of  contracts 217 

False   acknowledgments,   officers   administering  oaths 157 

False   claims,   etc.    161 

False  demands  on  fraudulent  power  of  attorney 160 

False  personation  of  holder  of  public  stocks,  pensioner,  etc. 159 

False  pretenses,  obtaining  money  under 156—161 

False  statements,  etc. 1145 

Injuries   received   in    the   service 991 

Falsely  pretending  to  be  United  States  officer 158 

Felony  ;     penalty 1 115 

Flag  of  the  United  States  ;  desecration,  mutilation  or  improper  use  of 228 

Forging  of  bonds,  bids,  etc.   '. 154 

Of  deeds,  powers  of  attorney,  etc.    155 

Of  public  records,  etc.   '. 154 

Forged  papers,  when  in  possession  of 156 

Fraudulent  enlistment,  receipt  of  pay,  etc.,  thereunder 578 

Fraudulent  power  of  attorney  ;  false  demands  on 160 

Government  employees  practicing  before  departments 165 

Impersonating  holder  of  public  stocks,  pensioners,  etc 159 

Impersonating  United  States  officer  with  intent  to  defraud 158 

National  cemeteries  ;  defacing,   etc.   252 

Obtaining  money  under  false  pretenses 1 156-161 

Officers  interested  in  claims  against  the  United  States 1112 

Official    accepting    bribe Ilia 

Pay— 

Noncompliance  with  provisions  governing i        9.39 

.Reducing  old  soldiers,   sailors,  etc. 949 

Persons  interested  in  Government  contracts  and  acting  as  agents 164 

Presenting  false   claims 161 

Prize  property  ;   fraudulent  interference  with  delivery   of 1193 

Public  buildings  ;  contracting  beyond  specific  appropriations 1147 

Contracting  for  larger  amount  than  appropriated .  1227 

Public  moneys — 

Contract  for  larger  amount  than   appropriated 939,  1147 

Converting    funds    to    own    use 1104 

Depositing  funds  where  not  authorized 1104 

Extortion     1146 

Failure  to  deposit  as  required 1104,  1107 

Failure  to  render  accounts 1106 

False   certificates,   etc.    1145 

False   returns   of 1188 

Loaning  of,  etc. 1104 

Persons    affected 1108 

Receipting  for  larger  sum  than  paid 1144 

Record   evidence   of  embezzlement 1109- 

Rendition   of   false   returns.-  1188 


310  INDEX. 

Offenses  against  the  United  States — Continued. 

Public  property —  Paragraph. 

Court  martial  to  direct  punishment 1188,  1190 

Embezzling,  etc.,  clothing,  subsistence,  etc 1192 

False,  etc.,  returns  by  officers 1188 

Robbery  of  personal  property  of  United  States 1191a 

Setting  fire  to,  maliciously 1194 

Unlawfully    purchased 161 

Unlawful  purchase  of 1191 

Waste  or  unlawful  disposition  of,  by  soldiers 1190 

Willful  loss,  damage,  etc.,  to 1189 

Public  records — 

Destroying,    etc 1212 

By  officer  in  charge 1213 

Forging,   etc 1214 

Receiving  pay  for  services  in  connection  with  contracts,  claims,  etc.,  before 

departments 165 

Receiving  stolen  property 1116 

Relating  to  official  duties — 

Acceptance  of  compensation,  reference  awards  of  contracts,  etc 165 

Bribery  ;  acceptance  of,  to  influence  awards  of  contracts 166 

Contracting  for  larger  amount  than  appropriated 939,  1147 

Converting  funds  to  own  use 1104 

Depositing  funds  where  not  authorized 1104,  1107 

Failure  to  render  accounts 1106 

False  return  of  contracts 1188 

Loaning  public  funds 1104 

Receipting  for  larger  sum  than  paid 1144 

Robbing  individuals  of  United  States  property 1191a 

Setting  fire  to  public  property,  maliciously 1194 

Subpffinaed  witnesses,   nonappearance   of 59 

Unlawful  purchase  of  public  property 161 

Willful  destruction  of  public  property 1189,  1194 

.Office  furniture : 

Secretary  of  War  to  have  custody  of 1185 

Officers'  Reserve  Corps: 
Active  duty — 

In  time  of  peace — 

Instruction,  duty  with  troops,  or  at  field  exercises 742 

First  lieutenants,   medical  section 735 

In  time  of  war — 

Appointments 744 

Assignments 738 

Pay  and  allowances 738 

Promotion  to  vacancies — 

Regular    Army 739 

Volunteers 739 

Rank,  temporary,  among  themselves--  739 

Subject  to  rules  and  articles  of  war 741 

Temporary  rank  according  to  date  of  assignment 739 

Appointments,   age   limit 

Age  limit  not  to  apply  ;  when__ 

Called  to  service  in  a  lower  grade 730 

Certified  eligibles 

Civilians  as  officers  of,  up  to  grade  of  major 726 

Graduates  of  senior  divisions  of  Reserve  Officers'  Training  Corps__  7<»'J 
Eligibility  not  affected  by  postgraduate  course  except  while  under- 
going   763 

Persons  qualified  for  grade  of  lieutenant  colonel  or  colonel ;  grade  to 

cease ;  when 

Proportion  limited 

Term  of 

When  called  to  service  in  a  lower  grade—  730 
Aviation  section — 

Increased  pay  for  duty  in  connection  with;  when__  -  290,291,2(1 

To  be  paid  by  officers  of  Quartermaster  Corps -'.'7 


INDEX.  311 

Officers'  Reserve  Corps — Continued. 

Candidates —  Paragraph. 

Pay   of,    during   training 775 

Colonels;   vacancies  in  office  not  to  be  filled 729 

Commissions — 

Colonels  and  lieutenant  colonels  ;  office  to  cease,  when 729 

When  called  to  service  in  a  lower  grade 730 

Term  of 736 

Up   to  grade  of  major 726 

Composition   and    objects   of 725 

Discharge  of,  at  end  of  war  of  1917 483 

During  present   emergency,   not   authorized 732 

Duty   with   troops,   for  instruction 742 

Period    of 742,  743 

Field  exercises — 

Period  of 742 

May   be  extended;   when 743 

Pay   and   allowances   during 742 

Former  Government  employees,  to  be  restored  to  positions;  when 895 

Government  employees,  members  of — 

Leave  of  absence,  duty  with  troops,  or  field  exercises 916 

To   be  restored  to   former  positions  ;   when 895 

Gratuitous  service  of  members  permissible 747 

Instruction  of — 

Duty   with    troops;   authority    for 742 

Gratuitous  service  of  members  in  connection  with,  permissible 747 

Period  of 742 

May  be  extended 743 

Leave  of  absence,  duty  with  troops,  or  field  exercises 916 

Medical  section,  first  lieutenants  of,  assigned  to  active  duty 735 

Use  of  first  lieutenants   of 735 

Medical   Reserve   Corps   abolisned  ;   when 734 

Officers   of,    proportion    limited '. 727 

Official  title,  to  be  retained  after  honorable  discharge 731 

Pay  and  allowances — 

Active  duty;   in  time  of  war 415,738 

Medical   section,  in  time  of  peace 735 

Allotments  of  pay 431 

Duty  with  troops  or  at  field  exercises,  or  for  instruction 742 

Retired  pay,  not  entitled  to 740 

Same  as  for  corresponding  grades  of  Regular  Army 415 

Pensions,  disability  incurred  in  line  of  duty  and  while  in  active  service 740 

Promotions  to  vacancies  in  time  of  war — 

Regular    Army 739 

Volunteers , 739 

Quartermaster  Corps.      (See  Quartermaster  Corps.) 

Rank,   officers   in  various   sections 737 

Temporary,  among  themselves,  in  time  of  war 739 

Reappointment — 

Age  limit  not  to  apply;  when 733 

Of   officers,    age    limit 731 

Recommissions  in  ;  authority  for 736 

Registered  eligibles,   appointment  of 728 

Retired  pay,   not  entitled  to 740 

Retirement — 

Officers  of    Regular    Army,    service    with,    not    counted    in  computing 

time  for 746 

Service  as  officer  in,  to  be  counted  in  computing  continuous-service  pay  of 

enlisted  men  of  Regular  Army 643 

Service,    gratuitous,    permissible - 747 

Staff  departments  ;  age  limit  not  to  apply  to  appointment  or  reappointment  733 

Subject  to  rules  and  articles  of  war  ;  when 741 

Term  of  commission 736 

Title,  to  be  retained  after  honorable  discharge 731 

Training;  pay,  etc.,  during 74U 

Uniform;  discharged  officers  permitted  to  wear;  when 731 

Volunteers;  appointment  of,   in  time  of  war 744 


312  INDEX. 

Officers'  Training  Corps.     (See  Reserve  Officers'  Training  Corps.) 

Official  correspondence:  Paragraph. 

Envelopes  to  be  contracted  for  by  Postmaster  General 221 

Free   of   postage;    authority    for 220 

Part-paid  letters  and  packages  to  be  delivered  free 223 

Penalty  envelopes  may  be  inclosed  for  reply  to  official  communications 222 

Registered  packages   to   be   free 223 

Oxen  (see  also  Public  animals)  : 

Purchase  of,  by  advertisement 201 

Panama: 

Officers  detailed  with  Government  of,  consent  of  Congress  granted 477 

Service  in,  not  considered  as  foreign  service ; : 313 

Passenger-carrying  vehicles : 

Exchange  of,  in  part  payment  for  new 178 

Pay  deposit   fund 832 

Pay  of  the  Army  (see  also  Commissioned  officers  and  enlisted  men)  : 

Active  duty,   ceases  on  date  of  retirement . 465 

Advances  of;   persons  employed  on  distant  stations 1070 

Annuities — 

Carroll,  Jennie ; 281 

Kissinger,    John    R 283 

Lazear,  Mabel   H 282 

Appropriations    for,   not   available    for   pay   of   officers   not    citizens    of   the 

United  States .____  427 

To  be  disbursed  as  one  fund : 1098 

Army  Nurse  Corps.      (See  Nurse  Corps.) 

Army   field    clerks 284 

Aviation  duty,  commissioned  officers 290 

Junior   military   aviators 292 

Military  aviators • 293 

Aviators,  Signal  Corps 294 

Bonus  for  reenlistment   in   time  of  peace ' 606 

Bounty  for  reenlis.traent  in  time  of  -war 607 

Of  Reservists  reporting  for  active  duty 793 

Candidates,   Officers'   Reserve.  Corps,   attending  camps  of  instruction 775 

Citizens'  Training  Samps,  members  of 775 

Commissioned  officers — 

Absent  from  duty  ;   no  pay   during = 428 

Absent  with  leave — 

Exceeding  thirty  days,   half  pay__ 491 

Not  exceeding  thirty  days,  full   pay 491 

Without   leave;    forfeiture  of  pay 491 

Three   months,   dropped   from   rolls 426 

Acting  as  disbursing  officers,   no   additional   pay   allowed 419 

Acting   as   witnesses 410 

Acting  judge   advocates . 462 

Additional   pay.      (See   Increased   pay.) 

Adjutant  general,  District  of  Columbia  Militia 558 

Aids-de-camp : 429,  430 

Allotments  of  pay 431 

Annual,    each    grade 411 

To  be  paid  monthly 412 

Arrears  of,   time  limit 57i> 

Assignment   of  pay   accounts,   authority   for 417 

Assistant  to  Chief  of  Bureau  of  Insular  Affairs 471 

Below  grade  of  major:   pay  for  mounts 414 

Brevet   rank  not  to    carry   increased    pay 425 

P,  u  n>:ui  of  Insular  Affairs — 

Assistant  to  Chief  of 471 

Restriction    455 

Chief  of 469 

Principal  assistant  to  chief  of 470 

Chaplains -  4:14-439 

Checks  to  indorsee  on  pay  accounts  permitted 418 

Chief  of  Bureau   of  Insular  Affairs 469 

Chief  of  Coast  Artillery 474 

Chief  of  Staff  Corps  or  departments 424,  464 


INDEX.  313 

Pay  of  the  Army — Continued. 

Commissioned  officers — Continued.  Paragraph. 

Chief  Telegraph  and  Cipher  Bureau,  Executive  Office 467 

Chief   ordnance   officer,    assigned   to   duty    with    staff    of   an    Army    or 

corps  and  division  commanders 463 

Commutation  of  allowances.     (See  Commutation  of  allowances). 

Computation     of 928 

Deductions — 

Absent  from  duty 428 

Absent  without  leave 491 

On  31st  day  of  month 929 

Arrears  in  accounts 531,  532 

Credit    sales 528 

Damages  to  arms,  equipment,  etc 529,  530,  654 

Deficiencies  in  accounts 422,  530 

Officers  of  General  Staff  Corps  allowing  violations,  etc 316 

Restriction   governing 532 

Dental     Corps 453,454 

Dental     surgeons 454 

Deserters  ;  dropped  from  rolls  after  three  months'  unauthorized  leave__  426 

Detached     duty 455,  456 

Detached  officers'  list 457,459 

Detailed.      (See  Details.) 

Doorkeeper   to   the   President 520 

Disbursing   officers ;    additional   pay   for  services   when   acting   as,   not 

authorized 419 

Discharged  ;  certificate  of  nonindebtedness  before  final  payment 482 

Failure  to  pass  examinations,  one  year's  pay  allowed 480,  481 

National  Army,  one  year's  pay  allowed 483 

Educational  institutions  ;  when  detailed  to 562.  566 

Final  payment,  requirement  necessary  for 482 

First  lieutenant,   Ordnance  Department 468 

Foreign  service  (see  also  Foreign  service) 310,313 

Forfeitures   (see  also  Stoppages)  — 

Absent  without  leave,  three  months 426 

Detached     duty 455,  457 

Officers  of  General  Staff  Corps  allowing  violations : 316 

For    mounts 414 

General    423 

Half  pay  while  on  excess  leave 491 

Higher  command  in  time  of  war .  413 

Increased  pay.      (See  Increased  pay.) 

Leave  of  absence,  pay  during 

Lieutenant    general 423 

Line  officers,  where  return??  have  not  been  rendered 1031 

Longevity.      (See  Longevity  pay.) 

Maximum  for  colonel,  lieutenant  colonel,  or  major 500 

Medical  Corps;  honorably  discharged 481 

Mileage.      (Sec  Mileage.) 

Military  attaches -  446,506 

Military  details  under  Cuba  and  Panama__.  477 

Military   'storekeeper 521 

Militia.    (See    National    Guard.) 

Mounts,  pay  for,  below  grade  of  major 414 

National    Army ; 415 

Not  citizens  of  the  United  States,  none  for 

Officers'  Reserve  Corps 415 

Ordnance   Bureau  ;   principal   assistant  in 460 

Ordnance  Department- — 

Chief  ordnance  officer  assigned  to  staff  of  an  Army,  or  corps  and 

division    commanders 463 

First  lieutenants,  officers  detailed  as 468 

Other  than  those  of  Regular  Army 

Pay  accounts,  authority  to  transfer  or  assign 417 

Checks  to  indorse  on,  permitted '. 

Pay  for  mounts 

Philippine  Constabulary,  officers  detailed  with 466 

Philippine    Scouts 381-384 


314  INDEX. 

Pay  of  the  Army — Continued. 

Commissioned  officers — Continued.  Paragraph. 

Principal  assistant,  Ordnance  Bureau 460 

Principal  assistant  to  Chief  of  Bureau  of  Insular  Affairs 470 

Public  buildings  and  grounds,  officer  in  charge  of 461 

Quartermaster  General 1236 

Retired.       (See    Retired    Commissioned    Officers.) 

Service  schools,  during  suspension  of  academic  studies 496 

Signal   Corps,  officers  of,   detailed  to  Executive   Office 467 

Temporary  forces  of 409a 

Stoppages.      (See   Stoppages   of  pay.) 

Temporary  Second  Lieutenants 767 

To  be  paid  monthly 412 

Transfer  of  pay  accounts 417 

Travel  allowance  on  discharge   (see  also  Travel  Allowance) 533 

Travel  expenses  (see  also  Travel  expenses) 534 

Veterinary  Corps   (see  also  Veterinary  Corps) 540,542,544 

Waiting  orders 491 

Wholly   retired 570 

Withheld,  account  deficiencies.      (See  Stoppages  of  Pay.) 

Commutation  of  allowances.      (See  Commutation  of  allowances.) 

Computer,  Artillery  Board 300 

Continuous  service.      (See   Continuous-service   pay.) 

Contract    Surgeons 301 

Assignment  of,  authority  for 302 

Death  in  the  service 450 

Deceased   officers   and   enlisted   men.      (See   Deceased   officers   and   enlisted 
men.) 

Detained  pay,  to  become  a  charge  against  the  fund  for 1102 

Enlisted   men — 

Absent  from  duty 428 

Absent  without  leave,  on  31st  day  of  month 929 

Additional  pay.      (See  Additional  pay.) 

Accrues  for  one  classification  only 584,  590 

Advances  of,  when  employed  at  distant  stations 1070 

Allotments  of  pay — 

Compulsory 839 

Voluntary 602-604 

Army  Service  Detachment,  West  Point 598 

Arrears  of,  not  to  exceed  two  months 579 

Assignment  of  pay  prior  to  discharge  not  valid 605 

At  posts,  how  made 577 

Bonus  for  reenlistment  in  time  of  peace 606 

*  Bounty  for  reenlistment  in  time  of  war 607 

Of  reservists,  reporting  for  active  duty 793 

Buglers 573 

By  check,  where  no  quartermaster  is  on  duty 577 

By  express  or  registered  mail 577 

Captured  by  enemy 580 

Certificate  of  merit,  when  granted 587 

Certain,  employed  on  Washington-Alaska  Cable  and  Telegraph  System. _  601 

Chauffeurs,  Signal  Corps,  pay  of 575 

Checks,  payment  by 577 

Chief  mechanics,  Coast  Artillery 571,  574 

Clothing   allowance.      (See    Clothing   allowance.) 

Commutation  of  allowances.      (See  Commutation  of  allowances.) 

Conscripts , 581 

Constant  labor  of  not  less  than  10  days'  duration 585 

Construction  work,  when  employed  on 585 

Continuous  service  (see  also  Continuous-service  pay) »;:;.-> 

Death  in  the  service,      i  N» ;•  Death  in  the  Service,  i 
Deductions — 

Absence  from  duty 428 

On  31st  day  of  month 929 

Alteration   of   clothing 615 

Clothing  allowance  overdrawn _  60S.  7"v 


INDEX.  315 

Pay  of  the  Army — Continued. 
Enlisted  men — Continued. 

Deductions — Continued.  Paragraph, 

Damages  to  arms,  equipment,  etc 654 

Deficiencies  in  property  accounts 530 

Rations  purchased  on  credit 652 

Tobacco  purchased  on   credit 653 

Deposits  of 621-841 

Deserters.      (See  Deserters.) 

Discharged   (see  also  Discharge) 624-628 

Dishonorable  discharge  ;  not  to  accrue  while  under  suspended  sentence 

of 629 

Detailed.      (See  Details.) 

Disciplinary  Barracks,  duty  at 582 

Disciplinary  Barracks  Guards,  acting  as 599,  600,  818 

During  captivity 580 

Enlisted   Reserve   Corps,   active   service * 802,  811 

When  mustered  into  service  with  volunteers 812 

Extra  duty  pay.      (See  Extra  duty  pay.) 
Family  allowance.      (See  Family  allowance.) 

First  enlistment 571,573,  574 

Foreign  service.      (See  Foreign-service  pay.) 

Forfeiture  of.     (See  Forfeiture  of  pay  and  Stoppages  of  pay.) 

Fraudulent  enlistment ;  receipt  of  pay,  etc.,  thereunder  ;  penalty 578 

Guards,  United  States  disciplinary  barracks 818 

Increased  pay.     (See  Additional  pay  and  Extra  duty  pay.) 

Indian    Scouts 633,  634 

Instructor  cooks  at  School  for  Bakers  and  Cooks 592 

In  time  of  war  (see  also  Family  allowance) 574 

Marksmen,   etc 590 

Mess   sergeants 589 

Mess  stewards  and  cooks  at  recruits  depots,  etc 594 

Medical  Department,  acting  as  dispensary  and  surgical  assistants  and 

nurses  ;  restrictions 588 

Military  Academy  (see  also  Military  Academy) 331-339 

Monthly 571,  573 

Increase  in  during  war  of  1917 574 

National  Army 581 

Payment  by  check  ;   when 577 

Philippine  Scouts.     (See  Philippine  Scouts.) 

Porto  Rican  Regiment  of  Infantry.     (See  Porto  Rican  Regiment  of  In- 
fantry.) 

Quartermaster    Corps 571,  573,  574,  1240 

Rates  of  pay 571-574 

Recruiting  depots,  duty  at 582,  583 

Recruiting  stations,  duty  at 591 

Reenlistment ;  three  months'  pay  for  first  (see  also  Reenlistment)) 606 

Regular  Army  Reserve — 

Active  service 790 

Annual  pay 789 

Bounty  of  reservists  upon  reporting  for  active  duty 793 

Continuous    service 791 

Detailed  to  educational  institutions 766 

During  periods  of  training 787 

Remount  Detachments 650 

Reservists  ;  during  periods  of  training 787 

Reporting  for  active  duty  ;  bounty  for * 793 

Retired   (see  also  Retired  enlisted  men) 657 

Restored  to  active  duty , 658 

Sharpshooters,  expert  riflemen,  etc 590 

Signal  Service  men 593 

Stenographic  reporters,  when  acting  as 596 

Switchboard  operators,  when  acting  as 594,  595 

Signal  Corps,  temporary  forces  of 576 

Stoppages.     (See  Forfeitures  of  pay  and  Stoppages  of  pay.) 

Switchboard  operators.      (See  Additional  pay,  Enlisted  men.) 

Travel  pay  on  discharge 624 


316  INDEX. 

Pay  of  the  Army — Continued.  Paragraph. 

Enlisted  men — Continued. 

War  pay    (war  of  1917) 574 

Exchange;  payment  of 307 

Expert  accountant,  Inspector  General's  Office 308 

Field   clerks,   Quartermaster   Corps 285 

Foreign  service.     (See  also  Foreign  service  pay.) 

Army  transports,  Philippine  Archipelago 312 

Beyond   limits   of   United    States . 310 

Restriction  governing . 313 

In  time  of  war — 

Commissioned  officers  holding  command  higher  than  grade 413 

Enlisted  men  (war  of  1917) 574 

Indian    Scouts 633,  634 

Junior  military   aviators ^ 292 

Mileage;  to  be  disbursed  and  accounted  for  as 1098 

Military  Academy,      (See  Military  Academy.) 

Military  aviators 293 

Militia.      (See  National  Guard.) 

National    Army    415 

Gratuitous  services  permitted 747 

National  Guard.     (See  National  Guard.) 

National  .Guard   Reserve 721,  723 

Nurse  Corps.     (See  Nurse  Corps.) 

Office,  Chief  of  Staff,  employees  of 298 

Officers'  Reserve  Corps  (sec  also  Officers'  Reserve  Corps) 738 

Candidates  of 775 

Gratuitous  services  permitted 747 

Pay  accounts,  checks  to  indorsee  on  permitted 418 

Pay  clerks  commissioned  as  second  lieutenants 523 

Philippine  Scouts.     (See  Philippine  Scouts.) 

Porto   Rican   Regiment   of   Infantry.      (See   Porto   Rican    Regiment   of   In- 
fantry.) 
Regular  Army  Reserve.     (See  Regular  Army  Reserve.) 

Reserve  Corps ^ . 415 

Reserve  Officers'  Training  Corps  (see  Reserve  Officers'  Training  Corps) 755.750 

Reserve  veterinarians 544 

Active  duty- 
Above  grade  of  major 543 

Adjutant  general,  District  of  Columbia  Militia 558 

Brigadier  general,  major  general,  and  lieutenant  general,  limitation  555 

Chief  of  Staff  Corps  or  department,  service  as 548 

Civil  War  service 549,  550 

College   professors . 562,  563,  565,  566 

Colonel,  or  lieutenant  colonel,  same  as  for  major 554 

Educational   institutions 562,  563,  565,  566 

In  time  of  war 559 

National    Guard,    duty   with 557 

Recruiting    in    connection    with 560 

Restriction  governing 556 

Retired  pay,  rate  of 546 

Service  in  connection  with  construction  of  Panama  Canal 547 

Soldiers'   Home,   duty  at 552 

Temporary  command  of  post  without  garrison 555 

Wholly    retired 570 

IJctirod  commissioned  officers.      (Sec  also  Retired  commissioned  officers.) 

Service  prior  to  April  13,  1861 67 

Signal  Service  men 593 

Signal  Corps,  temporary  forces  of 416,  576 

Stoppages.     (See  Stoppages  of  pay  and  forfeitures  of  pay.) 

To  be  paid  monthly 412 

Veterinary  Reserve  Corps 544 

Volunteers  (see  also  Volunteers) 408,409 

Witnesses 410 

Pay  of  civilians: 

Absent  without  leave — 

On  31st  day  of  month 929 

Accountants  and  other  experts  ;  limitation  governing  payment  of 20 


INDEX.  317 

Pay  of  civilians — Continued. 

Additional  pay —  Paragraph. 

Harbor  boat  employees 934 

Lump-sum  appropriations  not  available  for  payment  of 943 

None  for,  performance  of  duties  of  one  clerk  for  another 925 

Persons  receiving  more  than  one  salary,  restriction 941 

Advances  of:  persons  employed  on  distant  stations 1070 

Allotments  of  authorized;  when 935 

Annual  pay,  rate  of 923,926 

Increase  of,  fiscal  year  1918 927,  930 

Appropriations  for — 

Employees,  Office  of  the  Quartermaster  General 926 

Not  available  for  payment  of  permanently  incapacitated  persons 940 

Army  field  clerks 284 

Aviators.  Signal  Corps - 294 

By  classes 923,  920 

Candidates,  Officers'  Reserve  Corps,  during  training-- 755 

Chief  of  Staff,  employees  of  office  of 298 

Citizens'  training  camps,  members  of 755 

rierks,  messengers,  etc.,  executive  departments,  rate  of  annually 923 

Computation    of 928 

Computer.  Artillery  Board 300 

Double   salaries   restricted .    941 

Duties  of  one  clerk  performed  by  another 925 

Experts,  limitation  governing  payment  of 20 

Extra  services,  no  additional  compensation  ;  exception 944 

Employees  on  harbor  boats  in  lieu  of  subsistence 934 

Field  clerks.  Quartermaster  Corps 285 

Foreign  service — 

Elmployees  at  headquarters 933 

Phillippine  Islands,  increased  pay  for '. 319 

Quartermaster   Corps   clerks,   etc 933 

Forfeitures — 

Unauthorized  absence  ;  on  31st  day  of  month 929 

From  lump-sum  appropriations;  restriction 931,942,943 

Harbor  boat  employees,  in  lieu  of  subsistence 934 

How  computed 928 

Increase  of,  for  fiscal  year  1918 927,  930,  932 

Injuries     sustained     in     the     service.        (See     Injuries     received     in     the 
service.) 

Lapsed  salaries,  disposition  of  funds  accruing  from 16 

Lump-sum  appropriations  ;  personal  services  not  to  be  paid  from 942 

Increased  pay,  restriction  governing '          931 

Messengers,  etc.,  rate  of  annually 923 

Money  appropriated  for  contingent,  incidental,  or  miscellaneous  purposes  not 

be  used  for 17 

National  Guard,  members  of,  no  deduction  for  time  lost ;  when 914,  915 

Not  to  exceed  appropriations 893 

Offenses — 

Noncompliance  with  provisions  governing 939 

Of 'old  soldiers,  etc.,  not  to  be  reduced;  penalty 949 

Office  of  the  Chief  of  Staff,  employees  of 298 

Office  of  the  Quartermaster  General,  employees  of 926 

Officers'  Reserve  Corps,  members  of;  no  deduction  for  time  lost;  when c 916 

Per  diem  employees,  increased  pay,  fiscal  year  1918 932 

Performance  of  duties  of  one  clerk  by  another 925 

Permanently  incapacitated  persons  not  to  be  paid  from  appropriations  for 940 

Personal  services,  amount  available  for  payment  of 1230 

Rate  of,  from  lump-sum  appropriations 942.943 

Restriction 11 4rt 

Pieceworkers,  increased  pay,  fiscal  year  1918 932 

Quartermaster  Corps,  amount  limited '         945 

Field  clerks  of 285 

Rates  of  made  permanent  law 946,  947 

Reductions — 

Membership  in  socieities  for  improving  conditions,  etc.,  not  cause  for 951 

Of  old  soldiers,  etc.,  not  permissible 949 


318  INDEX. 

Pay  of  civilians — Continued.  Paragraph. 

Reserve  veterinarians 542,  544 

Restrictions — 

Double  salaries,  where  amount  exceeds  $2,000 941 

Extra  services;  none  for 944 

From  lump-sum  appropriations 931?  942 

Not  available  for  additional  pay  of  persons  employed  under 943 

Permanently  incapacitated  persons  not  to  be  paid  from  appropriations  for  940 

Personal  services,  not  to  be  paid  from  lump-sum  appropriations 931,  1230 

Quartermaster  Corps  employees,  amount  limited 945 

To  be  paid  from  specific  appropriations  only 938 

Subpoenaed    witnesses 58 

Superintendents,  national  cemeteries 260,  278 

Temporary  clerks 924 

Temporary  vacancies  ;   when  filling 1264 

To  stop  at  expiration  of  granted  leave 912 

Travel   allowance 954,  955 

Witnesses    58, 410 

Pay  clerks: 

Army    field    clerks,    and    field    clerks,    Quartermaster    Corps,    to    have    same 

allowances  as   former 284,  285 

Commissioned  into  Regular  Army  as  second  lieutenants 1241 

Grade    revoked 1239 

Paymasters'   clerks,   designation   changed    to 1236 

Penalties  (see  also  Fines  and  offenses)  : 

Acceptance    of    compensation    by    Government    employees    practicing    before 

departments I6r» 

Acceptance  of  stolen,  etc.,  public  property 1116 

Altering,  etc.,  bonds,  bids,  contracts,  etc. 154 

Altering  deeds,  powers  of  attorney,  etc. 155 

American   Antiquities,   destruction,   etc.,   of 1021 

Bribery,  acceptance  of  by  Government  employees,  etc.,  to  influence  award 

of  contracts,   etc 166 

Bribery  of  United   States  officer 163 

Bonds    (see   also   Bonds)  — 

Failure   to  comply  with   provisions   of 43 

Conspiracy,  etc.,  to  defraud 162 

Contracting  beyond  specific  appropriations 1147 

Contracting  for  larger  amount  than  appropriated 1227 

Contracts — • 

Failure  to  make  return  of 217 

Persons  interested  in  acting  as  Government  agents 164 

Contributions — • 

Gifts  to  superiors,  etc. 879 

Political    purposes 884 

Counterfeiting — • 

Bonds,   bids,   contracts,    etc.    154 

Deeds,  powers  of  attorney,  etc. 155 

Defacing   national   cemeteries 252 

Destroying,  etc.,  public  records 1212 

By  officer  in  charge 1213 

Discharge  or  reduction  in  salary  of  old  soldiers  employed  by  Government —  949 
Dishonorable   discharge ;    pay   and    allowances    not    to    accrue    while    under 

sentence   of 629 

Eight-hour   law,    violations    of 1234 

Embezzlement,  public  moneys 1104,  1107,  1114-1116 

Public    property _   1114-1116 

Extortion   by   officials _ 114t; 

Failure  to  comply  with  provisions  governing  bonds 43 

Failure  to  make  return  of  contracts;  exception 21€ 

False  acknowledgments,  officers  administering  oaths 15"i 

False  claims,  presentation  of 161 

False  demand  on  fraudulent  power  of  attorney 16O 

False  personation  of  holder  of  public  stocks,  etc 159 

False    pretenses,    obtaining    money    under 156-161 

False  statements,  etc 1145 

Injuries  received  in  the  service Wl 


INDEX.  319 

1'enalties — Continued.  Paragraph. 

Falsely  pretending  to  be  United  States  officer 158 

Felony 1115 

Flag  of  the  United  States;  desecration,  mutilation,  etc 228 

Forged  papers,  when  in  possession  of 156 

Forging  bonds,  bids,  contracts,  etc . 154,  1214 

Deeds,  powers  of  attorney,  etc 155 

Fraudulent  enlistment,  receipt  of  pay,  etc.,  thereunder 578 

Fraudulent  interference  with  delivery  of  prize  property 1193 

Fraudulent  power  of  attorney 160 

Government  employees  practicing  before   departments 165 

Impersonating   holder   of   public   stocks,    etc 159 

Impersonating  United  States  officer  with  intent  to  defraud 158 

National   cemeteries,    defacing,    etc 252 

Obtaining  money  under  false  pretenses 156-161 

Official  accepting  bribe 1113 

Officers  interested  in  claims  against  the  United  States 1112 

Persons  interested  in  contracts,  etc.,  acting  as  Government  agents 164 

Power   of   attorney  ;    fraudulent 160 

Public  moneys  offenses  against  (see  also  Public  moneys) 1144-1146 

Public  property,  offenses  against   (see  also  Public  property) 1188-1194 

Receiving,   etc.,   stolen   property 1116 

Receiving  pay  for  services  before  departments  by  Government  employees 165 

Return  of  contracts,  failure  to  make 217 

Robbery  of  personal  property  of  United  States 1191a 

Unlawful  purchase  of  public  property 161,  1191 

Violations  of  section   3679,   Revised   Statutes 6 

Penalty  envelopes: 

To  be  contracted  for  by  Postmaster  General 221 

May  be  inclosed  for  reply  to  official  correspondence 222 

Pension  roll  or  honorable  service  roll: 

Establishment   of  prohibited 948 

Periodicals : 

Purchase    of,    restricted 191 

Subscriptions  to,  may  be  paid  for  in   advance 1071,  1072 

Personal  services: 

Contracts  for;   how   made 167,168,172 

Employment  of,  restricted 1096 

Payment  of,  from  lump-sum  appropriations,  amount  restricted 942 

Personnel — Civilians : 

Absent  without  leave  on  31st  day  of  month 929 

Allotments  of  pay 935 

Annual  leave — 

Clerks,    etc 909 

To  be  exclusive  of  sick  leave 910 

To  be  exclusive  of  Sundays  and  legal  holidays 911 

Per  diem  employees  at  arsenals,   etc 913 

Annual  pay,   rate  of 923 

Appointments.      (See  Employment.) 

Army  field  clerks,  pay,  etc 284 

Army  supplies,  sale  of  to  employees  serving  abroad 1059 

Assistant  messengers;   number  of  restricted 893,938 

Attorneys;   restriction   covering  employment   of 63 

Aviators,   Signal  Corps,  pay  and  allowances 294 

Burials,  advances  for,  to  be  refunded  ;  persons  dying  outside  of  the  United 

States  ___.. 264 

Chief  clerk,  Quartermaster  General's  office — 

Duties  of — 

Distribution    of    work 875 

Oath  of  office,  authority  to  administer 876 

No  fee  to  be  charged 877 

Supervision  of  duties  of  subordinate  clerks 874 

Civil  officers,   number  restricted 938 

Classification  of  clerks 885 

Contributions — 

Gifts  to  superiors  prohibited;   penalty 879 

Political  purposes  ;  penalty _  880-884 


320  INDEX. 

Personnel — Civilians — Continued.  Paragraph. 

Copyists,  number  restricted 938 

Details.      (See  Details.) 
Discharge  of.      (See  Discharge.) 

Draftsmen,  number  restricted 938 

Dying  outside  the  United  States,  transportation  of  remains  of 264 

Efficiency  ratings 891,  892 

Employment  of  (see  also  Employment)  — 

Assistant  messengers,  number  allowed,  compensation,  etc 893 

At  increased  compensation 931 

Authority   for A 893 

Beyond   provisions  of   law   prohibited 896 

By  commissions,  etc.,  restricted 890 

Clerks,   number  allowed,   pay,   etc 893 

Congressional   influence  not  to  be  considered 899 

Extra     clerks-- 896 

Extra  services,  no  additional  pay 944 

Filipinos;  authority  for 320 

Laborers,  number  allowed,  pay,  etc S!):; 

Messengers,  number  allowed,  pay,  etc 893 

National  Army,  members  of,  to  be  restored  to  former  Government  posi- 
tions at  end  of  present  emergency 895 

National  Guard,  members  of,  to  be  restored  to  former  Government  posi- 
tions at  end  of  present  emergency S94 

Number   not   to   exceed   appropriations 890 

Personal     services , 900 

Restrictions  — 

Beyond  provisions  of  law 896 

Congressional  recommendations  not  to  be  considered 899 

Increased   compensation- -. 931 

Personal  services •. 900 

Persons  using  intovicating  beverages SO 7 

Two  or  more  members  of  one  family : 898 

Voluntary    services 900 

Under  lump-sum  appropriations 860a 

Field  clerks,  Quartermaster  Corps,  pay,   etc 285 

Foreign   service   pay,   Quartermaster   Corps  clerks 933 

Gratuitous    service   prohibited,    exception 900 

Headquarters  of  departments,  etc.,  pay  of  employees  of 317,  320 

Holidays.      (See  Holidays.) 

Honorably  discharged  soldiers,  etc.,  not  to  be  reduced  in  rank  or  salary 949 

Honorable  service  roll,   establishment  of,  prohibited 948 

Hours  of  work — 

Clerks,  etc.,  in  executive  departments 907 

Extension  of,  who  may  order 908 

Laborers,    etc 905 

Suspension  of  provision  of  law  governing;  when 906 

Under    contract    (eight-hour   law) 1234,12:',.", 

>     Injuries    received    in    the    service     (see    also    Injuries    Received    in    the 

Service) 890-999 

Leave  of.   (See  Annual  Leave  and  Leave  of  Absence.) 
Legal  holidays    (see  also  Holidays)  — 

Executive   department   employees 904 

Per   diem   employees -  901-903 

Medical   supplies,   purchase   of,   at   military  posts   authorized 951 

Membership  in   societies  for  improving  conditions  not  cause   for^  reduction 

in  pay  or  removal  from  office 051 

Members   of  Officers'   Reserve   Corps  to   be   restored   to  former   Government 

positions  at  end  of  present  emergency   (War  of  1917)  __ 

Members  of  National   Guard   to  be  restored,   etc—-  894 

Not  to   practice  before  departments 

Oath  of  office '->1;> 

Custody    of 1 '•'-- 

Form     of '•»-" 

Who  may  administer 

Office  Chief  of  Staff,  pay  of  employees  of--  298 
Pay.      (See  Pay  of  Civilians.) 


INDEX.  321 

Personnel — Civilians — Continued.  Paragraph. 

Pension  roll ;  establishment  of,  prohibited 948 

Permanently    incapacitated    persons    not    to    be    paid    from    appropriations 

for   pay    of 940 

Personal  services — 

Acceptance  of,  prohibited 900 

Lump-sum  appropriations  not  available  for  pay  of 942 

Practicing  before  departments  as  attorneys;  restriction 165 

Quartermaster  Corps  employees — 

Number  of,  limited  to  requirements 945 

Salaries  of,  restricted 945 

Reductions  in  force — 

Honorably  discharged  soldiers  and  sailors  to  be  retained 949 

Membership  in  society  for  improving  conditions,  etc.,  not  cause  for  re- 
moval from  service 951 

Removal  on  charges 950 

Removal  from  office.      (See  Reductions  in  force.) 

Sick  leave  (see  also  Leave  of  Absence)  — 

Authority  for  granting  of 917 

Employees  of  arsenals,  etc 913 

Of  executive  departments,  etc 917 

Superintendents  national  cemeteries,  pay,  etc 260 

Temporary  clerks,  pay,  etc 924 

Travel  allowance;  actual  expenses 954 

Per  diem  allowance -  955 

Transfers  from  one  department  to  another,  term  of  service  necessary  for, 

etc 931,952 

Extended  to  include  independent  establishments 953 

Transportation   (see  also  Transportation)  — 

Injuries  received  in  the  service 964 

Of  remains,  civilians  dying  outside  of  the  United  States 264 

To  Philippine  Islands,  etc 1283 

Voluntary  services  ;  acceptance  of,  prohibited 900 

Witnesses,  pay,  etc 58,410 

Philippine  Constabulary : 

Officers  detailed  with,  pay,  etc 455,  466 

Philippine  Islands: 

Enlisted  men  serving  on  transports  in,  pay,  etc 312 

Leave  of  officers  serving  in 911 

Officers  serving  on  transports  in,  pay,  etc 312 

Philippine  Scouts: 

Appointment  of  natives  as  lieutenants  of 383 

As  captains  of 385 

Enlistment  of  natives  for  service  as 380 

Formation,  organization,  etc 380 

Pay  and  allowances — 

Captains,  officers  detailed  as 382 

Double  time  not  allowed : 387 

Enlisted  men  of 384 

Lieutenants,  natives,  when  appointed  as 383 

Majors,  officers  detailed  as 381 

Provisional  officers  of  native  organizations 384 

Retired  captains  and  lieutenants  of 386 

Retired  pay  of  former  officers 388,  389 

Provisional  officers;  allowances  of 383,385 

Retirement  of — 

Captains 386 

Former  officers  as  enlisted  men 388,  389 

Lieutenants  ___ 386 

Service  beyond  the  continental  limits  of  the  United  States,  double  time  not 

allowed  for 387 

Political  Contributions : 

Government  employees  prohibited  from  contributing 880-884 

Polo  Ponies: 

Appropriations  for,  at  West  Point  Military  Academy- _  205 
Porto  Bico: 

Service  in,  not  considered  as  foreign  service 313 

49392—18 21 


322  INDEX. 

Porto  Bican  Regiment  of  Infantry: 

Appointments —  Paragraph. 

Captains , 391 

Lieutenant   colonels 391 

Lieutenants 391,  393 

Majors 391 

Allowances  of 392 

To  regimental  vacancies 391 

Colonel   to  be   detailed  from   Infantry 391 

Composition  of 390 

Enlistment  of  natives,  pay  and  allowances 392 

Officers  formerly  in  provisional  regiment ;  status  of 394 

Promotions  below  colonel  to  be  regimental 390 

Provisional  regiments  ;  status  of  officers  formerly  in 394 

Postage  (see  also  Official  Correspondence  and  Penalty  Envelopes)  : 

Official   communications  to  be  free   of 220 

Post  bakeries: 

Equipment  of.   appropriation  for 7,1229 

Post  exchange,  school,  library,  etc.: 

Construction,  equipment  and  maintenance  of ;  appropriation  for 7, 1229, 1230 

Funds  for,  not  available  from  Army   appropriations 18 

Public  buildings,  use  of,   by 18 

Transportation,   use   of,   by 18 

Post  gardens: 

Funds  for,   not  available  from   Army  appropriations 18 

Post  hospitals: 

Nurses  on  duty  at,  rations  for 378,  379 

Postmaster  General: 

To  contract  for  all  envelopes  for  the  Government  service 221 

Postmasters : 

Premiums  for  securing  recruits 1103 

Premiums : 

Bonds   of   officers — 

No  part  to  be  paid  by  United  States 48 

On  sales  of  drafts,  checks,  etc.,  to  be  accounted  for 1035 

To  postmasters  for  securing  recruits 1103 

Presents : 

Acceptance  of,  by  superiors,  prohibited : 879 

Commissioned  officers,  detailed  to  governments  of  Cuba  and  Panama 477 

Contributions  for,  to  superiors,  prohibited 879 

Printing  and  binding: 

Allotment  to   which   chargeable 996 

Annual  estimates  to  be  submitted 997-1001 

Annual  reports 1003 

Appropriations  to  which  chargeable,  limitation 997 

To  be  charged  under  Public  Resolution  13__  1000 

Authority  necessary  for 996 

Books,   printing  of  restricted 995 

By  contract  or  in  open  market;  when  permissible 999 

Duplicating  processes 996 

Engraving,   restriction   OH 

Filing  devices,  to  be  charged  to  allotment  for_- 996 

Illustrations,  etc.,  restriction  governing 994 

In  time  of  war ;  by  contract  or  in  open  market 

Manifold  books,  etc.,  to  be  supplied  on  requisition  ;  by  whom—  996 

Patented  filing  devices  ;  by  whom  supplied 996 

Public  documents ;  procedure  necessary  for  illustrations  and  photographs  in_  994 

To  be  printed  in  two  or  more  editions 998 

Restrictions  governing 994,997,  1002, 1003 

Under  contract 

When  authority  of  Congress  is  necessary 

Work  to  be  performed  by  Government  Printing  Office 1002 

Proceeds  of  sales  (see  also  Public  moneys  and  Sales)  : 

Exploring  or  surveying  expeditions 

Horses  and  mules '• 

Members  of  citizens'  training  camps,  how  long  available 772' 

National  Guard.      (See  National  Guard.) 


INDEX.  323 

Proceeds  of  sales — Continued.  Paragraph. 

Old  material ;  statement  to  be  rendered 1132, 1133 

Statement  to  be  rendered  annually ;   time  for 1157 

Property.     (See  Public  property.) 

Property  accountability  (see  also  Accountability  and  Public  property)  : 

Damages  to  arms,  equipments,  to  be  deducted  from  pay 529,  530,  654 

Enlisted  Reserve  Corps  ;  lost  or  destroyed . 805 

Losses  ;  certificate  to  be  forwarded  to  Treasury 1181 

Contents  of  certificate 1182 

Company  commanders,  of  vouchers  or  company  books 1179 

Office  furniture,  etc.,  pertaining  to  the  War  Department 1185 

Officers    responsible   for — 

Final  payment  of  on  discharge 482 

Oath  of,  who  may  administer 1178 

Quartermaster  General  to  account  to  Secretary  of  War ;  how  often 1180 

Rations  issued  to  Indians  on  frontiers 403 

Regulations  governing,  who  empowered  to  make  and  enforce 1177 

System  of,  who  shall  prescribe 1180 

Proposals.     (See  Bids  and  Contracts  and  Purchases.) 
Public  animals  (see  also  Horses)  : 

Attendants,  appropriation  for  pay  of 205 

Bedding,  shoeing,  shelter,  medicines,  etc. ;  when  to  be  furnished 489,  490 

Breeding    of — 

Appropriation  available  for 199 

Not  available  for 198 

Draft  and  pack  animals ;  number  authorized 203,  204 

Executive  mansion ;  accommodations  to  be  provided  for  by  Quartermaster 

Corps 1253 

Forage     (see    also    Forage)  : 

Issue  of,  to  whom 486,  487,  489,  490 

Horses,  kind  to  be  prescribed ;  by  whom 205 

Indian  Scouts  ;  appropriation  for 205 

Inspection  of,  by  whom 200,  205 

Issue    of — 

Educational  institutions  ;  when 758 

National   Guard 208,  209 

Naval  and  Marine  Detachments :i 364 

Military    Academy — 

Purchase  of  horses  for 205 

Of  polo  ponies 205 

Mules,  purchase  of 201 

National    Guard — 

Issue  of  condemned  Army  horses  to 208 

Pack  mules,  allowance  of 209 

Purchase  of  horses  for 207 

Officers'  mounts  ;  purchase  of  by  Government ;  when 1 206 

Pack  mules,  issue  of  to  National  Guard 209 

Payment  for  only  after  inspection 200 

Polo  ponies,  appropriation  for  purchase  of,  restriction 205 

Purchase    of — 

At  military  posts  and  stations 205 

By  advertisement 200,  201 

Draft  and  pack ;  number  limited —  203,  204 

For  Cavalry,  Artillery,  and  Indian  Scouts 200 

In    open    market 201, 203 

Number   limited 205 

Owned  horses . 206 

Remounts  ;  appropriation  for,  number  restricted 205 

Sales  of  authorized -. 1207 

Service   schools 205 

Staff   colleges 205 

Transportation    (28-hour   law) 1278-1280 

Publications  (see  also  Public  publications)  : 

Distribution  of;  by  whom 1200 

Pvblic  buildings: 

Acquisition  of  land  for.     (See  Public  lands.) 

49392* 


324  INDEX. 

Public  buildings— Continued. 

Appropriation  for —  Paragraph. 

Disposition  of  balances 15 

How    long   available 15 

Balances   of  appropriations,  disposition   of 15 

Bonds  of  contractors  to  secure  payment  for  labor  and  materials 49-56 

Construction  of — 

Balances  to  be  covered  into  Treasury  upon  completion  of 15 

Barracks  and  quarters,  seacoast  defenses 1223,  1224 

Contracts   not   to   exceed   appropriations 1222,  1226 

Penalty 1227 

Detailed  estimates  to  be  submitted  to  Congress 1217 

Eight  hour  law  for  laborers,  etc 1234,  1235 

Expenditures  exceeding  $500.00,  to  be  contracted  for 1218 

Exceeding  $20,000,  special  authority  of  Congress  necessary 1217 

Funds  available  until  work  is  completed 15 

Labor  ;  separate  contracts  in  each  case 1228 

Materials  ;  separate  contracts  in  each  case 1228 

Military    post   exchanges 1230 

Nonpayment  for  labor  and  materials ;  rights  of  persons,  corporations, 

etc 50 

Officers'  quarters,  limit  of  cost 1219 

In  the  Philippine  Islands 1220 

Performance  of,  under  direction  of  officers  of  the  Quartermaster  Corps —         1232 

Permanent  barracks  and  quarters  ;  detailed  estimates  to  be  submitted 1217 

Post    exchanges 1230 

Preference  to  be  given  American  material 1225 

Quarters  for  hospital  stewards 1221 

School  library,  reading,  lunch,  amusement  rooms,  and  gymnasium 1230 

Seacoast  defenses,  barracks  and  quarters  for 1223, 1224 

Security  for  labor  to  be  included  in  penal  bond 49 

Separate  contracts  for  each  building 1228 

Shooting  galleries  and  ranges 1231 

Storage  houses,  American  National  Red  Cross 1018 

To  be  contracted  for 1218, 1228 

Contracts  for,  to  be  separate  in  each  case 1228 

Not   to   exceed   appropriations 1222,  1226 

Penalty 1227 

Detailed  estimates  to  be  submitted  for  construction  of 1217 

District  of  Columbia ;  rental  of  buildings  in 1254, 1257 

Erection  of — 

Procedure  where  consent  of  Congress  has  not  been  obtained 1005 

State  legislature,  consent  of,   when  necessary 1005, 1009, 1011 

Equipment — 

Bakehouse  ;  appropriation  from  which  payable 1229 

Kitchens  and  mess  halls  ;  appropriation  from  which  payable 1229 

Post  schools  ;  appropriation  from  which  payable 1229 

For  storage  purposes,  American  National  Red  Cross 1018 

Furnishing  of ;  contracts  not  to  exceed  appropriations 1222, 1226 

Leases,    authority    for 1017 

To  individuals,  where  not  required  for  public  use 1017 

To  be   reported 1017 

Military  post  exchange — 

Construction,  equipment  and  maintenance  of 1230 

Repairs  to  buildings  erected  at  private  cost 1230 

Offenses  (see  also  Offenses  and  penalties)  — 

Contracting   beyond    specific   appropriations 1147 

Permanent;  detailed  estimates  to  be  submitted 1225 

Post  bakeries,  amount  allowed  for  equipment  of,  etc 1229 

Post  exchanges,  use  of,  by 18 

Post  schools,  amount  allowed  for  equipment  of 1229 

Quarters  for  hospital  stewards 1221 

Quarters  for  officers,  limit  of  cost 1219 

Philippine  Islands 122$ 

Rentals  (see  also  Rental  of  public  buildings) — 

Annual   estimate  to  be  submitted I255a,  1256 

Preparation   of 1257 


INDEX.  325 

I 

Public  buildings — Continued. 

Rentals — Continued.  Paragraph. 

Appropriation  necessary  for 1255 

In    the    District —  1254.  1  2.v> 

Number  of  limited 1254 

Repair  of — 

Bond  to  secure  payment  for  labor  and  materials 49-56 

Buildings  erected  at  private  cost 1230 

Contracts   not    to    exceed    appropriations -    rJ2'_',  122(i 

To   be   contracted   for 1218 

Work  to  be  performed  under  direction  of  officers  of  the  Quartermaster 

Corps 1232 

Revocable  leases 1017 

Shooting  galleries  and  ranges;   for  shelter,  repair  and  expenses  incident  to         1231 

Title  papers,  to  be  turned  over  to  Attorney  General 1217 

Public  buildings  and  grounds: 

Officer  in  charge  of,   pay,  etc 461 

Public  documents  (see  also  Public  Publications)  : 

Departmental   distribution   of 1208 

Exchange   of,   authorized 1210 

Printing  of  two  or  more  editions 998 

Public  funds.     (See  Public  moneys.) 
Public  lands: 

Abandoned  military  reservations  ;   grants  to  municipal  corporations ^ —          1016 

Acquisition  of — 

By  condemnation 1006-1008 

By    donation , 1008 

By   purchase 1004 

Congress  to  have  jurisdiction  over 1009,  1014 

To  receive  annual  reports  of  revocable  leases  and  of  buildings  leased 

in    the    District -  1017,  1256 

Consent   of   State   legislature   to   be   obtained   before   erecting   buildings   on 

military  reservations 1005,  1011 

Conveyed  to  individuals,  to  be  released  ;  when 1010 

Court   procedure  with   reference  to 1006,  1008 

Disposition  of — 

Authority  of  Congress  to  direct 1014 

Easements;   who  may   grant,   when,    etc 1013,1028 

President  may  withhold  from  sale  or  grant  for  public  use;  when 1015 

Revocable  leases  ;  who  may  grant,  when,  etc 1017 

Useless   military   reservations 1015 

Vested  in  Congress 1004 

District  attorney  to  render  assistance  in  acquiring  title 1011 

Donations;  acceptance  of 1008 

Erection   of  public  buildings  on,   where  consent  of   Congress  has   not   been 

obtained - .       1005 

Expenditures  for,  not  to  exceed  appropriations 1008 

Grant  of  abandoned  military  reservations  ;  President  may  withhold  ;  when 1016 

Hawaii;  leases  of  lands  in 1 1012 

How  acquired 1004-1008,  1011 

Interest  in,    release   of 1010 

Interior,  Department  of — 

Authority  as  to  certain  classes  of  easements 1025-1027 

Useless  military  reservations  may  be  transferred  to 1015 

Jurisdiction — 

Condemnation   proceedings 1006 

Procedure 1007 

Over  purchased  lands 1009 

Leases,  in  Hawaii 1012 

Revocable 1017 

To  American  National   Red   Cross ,__.      1018 

Legal  services  to  be  rendered  by  Attorney  General  and  his  assistants 1011 

Military    reservations — 

Abandoned;  President  may  withhold  from  sale  or  grant 1016 

Easements   under   direction   of 1013 

Philippine  Islands,  transfer  of,  to  Philippine  Government 1019 

Procedure  necessary  for  disposition  of  useless 1015 

Useless  ;  may  be  transferred  to  Department  of  Interior 1015 


326  INDEX. 

Public  lands— Continued, 

National  cemeteries  (see  also  National  cemeteries) —  Paragraph. 

Acceptance  and  transfer  of , 266-269 

Acquisition    of 232-234 

Appraisement  of 232—234 

Jurisdiction  of  United   States  over 251 

Purchase    of 232 

Railroads  not  to  encroach 1028 

Officers   and   other   individuals   to   whom   title   on  behalf   of   United    States 

has   been   granted   to   release   same   to   United   States 1010 

Philippine    Islands — 

Control  of  land  in 1019 

Easements,  ho\\   irraniod 1020 

Franchises,  privileges,  etc.,  who  may  grant ;  when 1020 

How  administered;   exception 1019 

Right  of  way,  who  may  grant_i 1020 

Preservation    of    American    antiquities — 

Excavations,  permits  for . 1023 

Unauthorized  ;    penalty 1021 

Regulations,  etc 1024 

Setting  apart  of  historic  lands 1022 

Purchase   of — 

Appropriations  not  to  be  exceeded 1008 

Assent   of    State   legislatures   necessary    for 1005 

National  cemeteries.      (See  National  cemeteries.) 

Not  to  be  made  in  advance  of  authority  of  law 1004,  1005 

Procedure 1004-1008,  1011 

Release  of  interest  when  conveyed  to  individuals 1010 

Revocable  leases 1017 

To  American  National  Red  Cross 1018 

Revocable   license 1013 

Rights  of  way;  easements 1013,   1025-1027 

For  electric  poles  and  lines , 1028 

Granted  railroads;  reversion 1029 

Irrigation,  for  purposes  of 1025 

National  cemeteries,  encroachment  by  railroads  prohibited 1028 

Philippine  Islands,  how  granted 1020 

Who  may  grant ;  when 1020,  1027 

Roadways — 

Extension  of . 1013 

To  national  cemeteries 1028 

Sale  or  grant  of  abandoned  military  reservations , 1016 

Surveys;    assistants    to    United    States    Geological    Survey    and    Coast    and 

Geodetic   Survey  authorized  to  perform 1233 

Title- 
District  attorney  to  render  assistance   in   acquiring--  1011 
Expenses  for  procuring  evidence  which  can  not  be  obtained  by  United 

States    attorney 

Opinion  of  Attorney  General  necessary  before  purchase,  etc 1009,  1011 

Validity  of;  who  shall  render  opinion 

Transfer  of,  to  Philippine  Government 

Useless  military  reservations;  disposition  of__  1015 

Public  moneys   (see  also  Accounts  and  appropriations)  : 

Acceptance  of  payment  on  auditor's  settlement  conclusive 1162 

Accountability    (see   also   Accountability)  — 

Quartermaster    General -  24,1180 

Accountable  officers;  authority  to  intrust  moneys  to  other  officers  making 
disbursements;    responsibility   therefor 

Accounts  contracted  abroad — 

Administrative  examination  waivd 

All  vouchers  and  papers  to  be  preserved-. 

Assistant  auditor  and  comptroller;  appointment  of-- 

Audit  of,  abroad  ;  authority  for 

Balances  arising  from  settlement  of 

Contracts,    settlement   of 

Examination  and  rendition  of 

Files  to  be  transmitted   to  Washington ;   when__ 

Oaths  required;  by  whom  administered 1060 


INDEX.  327 

Public  moneys — Continued. 

Accounts  contracted  abroad — Continued.  Paragraph. 

Powers  conferred  on  comptroller  and  auditor  with  reference  to 1053 

Revision  of  settlements 1054,  1056 

Settlement  of 1054 

Warrants  ;  use  of  certificates  in  lieu  of  authorized 1055 

Accounts  (see  also  Accounts)  — 

Disbursing  officers.     (See  Disbursing  officers.) 
Examination  and  inspection  of — 

Administrative    examination KM1 

Bureaus  of  the  War  Department.  _., 1041 

By  whom 1040,  1171 

Monthly  ;  extension  of  time  for 1045 

Officers  in  the  District  of  Columbia 1038 

Officers  of  the  line,  for  pay  due 1031 

Where  administrative  examination  has  not  been  had 1042 

Failure  to  render;  penalty 1106 

Procedure  in   case  of 1036 

Finally  adjusted,  auditors  to  preserve 1170 

Forms  to  be  prescribed  for  keeping  and  rendering 1043 

Individual  quartermasters,  to  be  analyzed  and  recorded  in  detail 1030 

Keeping   of,   by   auditors 1172 

Line  officers;  audit  and  settlement  of,  for  pay  due lO-'U 

Settlement    of,    inability    to    account    for    property    intrusted    to, 

possession  of 1031 

Mailing  of;  rules  for,  to  be  prescribed  by 1046 

Time   for 1044 

Monthly;  examination  of,  time  for,  extended 1045 

Rendition  of,  time  for 3047 

Transmission  of 1044 

Nonreceipt  of,  evidence  necessary 1047 

Outstanding,  reports  to  be  rendered 1081 

Payment  of  reserve  officers  and  men,   Signal  Corps,  transfer  of  funds 

for 297 

Payment  suspended;  when 1063 

Quarterly;  transmission  of 1044 

Receiving  officers  to  render 1049 

Reexamination  of;   when 1063 

Rendition  of,  by  distinct  items 1051 

By  receiving  officers 1049 

Time  limit 1047,  1097 

Revision  of — 

Settled  accounts;  time  limit S6 

When 1063 

Settlement  of — 

Between   Engineer   Department   and   another   bureau   of   the  War 

Department 1067 

Between   Medical  Department  and  other  bureaus   of  the  War  De- 
partment   1068 

Between    Military   Academy    and    other   bureaus    of    the    War    De- 
partment   322 

Between    Signal    Corps    and    other    bureaus    of    the    War    Depart- 
ment   1066 

In  Treasury  Department 73 

Particular  accounts  ;  by  whom 1064 

Where  evidence  of  honorable  discharge  is  necessary 1032 

Transmission  of  monthly 1044,  1047 

Accurate  entry  of  each  sum  to  be  kept 1050 

Advances  of  (see  also  Advances  of  public  moneys)  — 

Auditor  may  disapprove  requisitions  for,  on  delinquency 1044 

Citizens  attending  training  camps,  for  return  journey 774 

Contractors,  during  present  emergency 1075 

Contracts  requiring,  to  be  deposited 219 

Delays  in  transmitting  accounts 1073 

Persons  employed  on  distant  stations : 1070 

Requisitions  for,  not  to  be  countersigned 1164 

Preparation  of 1164 

To  be  sent  to  auditor  for  action 1074 


328  INDEX. 

Public  moneys — Continued. 

Advances  of — Continued.  Paragraph. 

Restriction  governing 1070 

Subscriptions  to  newspapers,  magazines,  etc 1071, 1072 

To  be  deposited 219 

To  contractors,  during  present  emergency 1075 

To  disbursing  officers;  when 1070 

Annual  estimates  (see  also  Annual  estimates)  — 

Preparation  of;  official  to  be  designated _ 1140 

To  be  as  now  required  by  law 1121 

To  be  included  in  Book  of  Estimates 1117-1122 

When  to  be  submitted  for  inclusion  in 1118 

To  be  submitted  through  Secretary  of  Treasury 1117,  1119 

Application  of  proceeds  of  sales  to  officers  and  enlisted  men 1150 

Apportionment  of  appropriations;  procedure 6 

Appropriations    (see  also  Appropriations)  — 

Application  of,   restricted 22,  1084 

Apportionment  of,  to  be  adhered  to  ;  exception 6 

Not  to  be  waived  or  modified 6 

Balances  (see  also  Balances  of  appropriations)  — 

Application   of 13 

Disposition  of  after  two  years 14 

Neglect  or  refusal  to  pay  into  Treasury 1069 

Reappropriation  and  diversion  of 12 

Suits  for  recovery  of 1069 

Unexpended,   deposit  of 11 

Citizens'  training  camps 776 

Clothing  balances,  enlisted  men 608 

Construction  of  public  buildings  ;  how  long  available 15 

Expenditures  ;  not  to  be  in  excess  of 22,  1084 

Expenses  of  commissions  or  inquiries,  payable  only  from  special 1095 

Restriction 1096 

General  or  lump  sum 1138,  1139 

Military    Academy,    to    be    disbursed    and    accounted    for   by    Quarter- 
master Corps 321 

Must  be  in  specific  terms 176 

Not  available  for  clerical  or  official  compensation  ;  when 17 

Not  to  be  exceeded 22 

Pay  of  the  Army,  to  constitute  one  fund 1098 

Permanent,  how  determined 4 

Signal  Corps,  transfer  of  funds  for  payment  officers  and  men  of 297 

Specific  or  indefinite  ;  when  permanent 4 

Supplies,  services,  and  transportation,  to  constitute  one  fund 8 

Support  of  the  Army,   not  to  be  expended  for  post   gardens  or   post 

exchanges 18 

Target  practice;  how  long  available 97 

Total  amount  of,  how  determined 5 

Arising  from  sales  between  the  bureaus  of  the  War  and  Navy  Departments, 

to  be  placed  subject  to  requisition 125 

Arising  from — 

Deductions  made  from  carriers  for  property  lost  in  transit 1143 

Forfeiture  of  pay  under  suspended  sentence  of  dishonorable  discharge—  629 

Sale  of  checks 1035 

Sale  of  condemned  stores 1148,  1151 

Sale  of  serviceable  quartermaster  stores 1152 

Sale  of  subsistence  stores *~     -  1149,  1150 

Sale  of  surplus  cutting  of  materials  for  clothing 1156 

Sale  of  surplus  ice,  electric  light  and  power,  and  laundry  work 1154 

Sale  of  unserviceable  quartermaster  property  ;  how  long  available 1152 

Sales  to  educational  institutions 1155 

Sales  to  National  Guard 718 

Statements  to  be  rendered -   1157,  1158 

Stores  transferred  to  Insular  Department  of  Philippines 1153 

Auditor  for  the  War  Department.     (See  Auditor  for  the  War  Department.) 
Balances.     (See  also  Balances  of  appropriations.) 

Accruing  from  lapsed  salaries  to  be  covered  into  Treasury 16 

Certified,  conclusive  on  executive  departments 1063 


INDEX.  329 

Public  moneys — Continued. 

Balances — Continued.  Paragraph. 

Construction  of  public  buildings;   disposition  of 15 

How  long  available 15 

Expenditure  of ;  not  applicable  to   permanent  or  indefinite  appropria- 
tions    13 

How  applied 13 

Neglect  or  refusal  to  pay  into  Treasury 1069 

Remaining  on  books  after  two  years 14 

Sales,  funds  arising  from.      (See  Proceeds  of  sales.) 

Suits  for  recovery  of 1069 

To  be  included  in  surplus  fund  warrant 14 

Unexpended,  diversion  of,  construed  as  a  new  appropriation 12 

Remaining  on  books  of  Treasury  for  two  years 11 

To  be  carried   to   surplus   fund _ 11,  13 

Bonds  for  safe-keeping  of.     (See  Bonds.) 

Certificate  of  differences  on  revision 1065 

Certified  balances  conclusive  on  executive  departments,  etc 1063 

Checks  (see  also  Checks)  — 

Lost,  etc.,  duplicates  may  be  issued;  when 1076 

In  case  of  death  of  issuing  officer 1077 

Outstanding,  three  or  mere  years 1078 

Report  to  he  rendered  in  lieu  of  returns  of  disbursing  officers 1082 

Payment  by,  to  enlisted  men;  when 1034 

Sale  of,  at  a  profit fc 1035 

To  indorsee  on  pay  accounts  permitted 418 

Construction  of  public  buildings  ;  disposition  of 15 

How  long  available 15 

Contingent  fund — 

Application    of 1085 

Apportionment  of  amount  to  each  office  or  bureau 1083,1084 

Not  available  for  clerical  or  official  compensation  ;  when 17 

Salaries  not  to  be  paid  from 17 

Contracts  requiring  advances  of,  to  be  deposited 219 

Covering-in   act 14 

Credit  for  deductions  made  from  carriers  for  property  lost  in  transit 1142 

Credit  for  lost  funds 1142 

Debts   contracted   abroad 1052,  1054,  1056 

Debts,  recovery  of;  by  auditor 1169 

Decision  of  comptroller  in  advance  of  payment 1033 

Deductions  for  lost  property,  how  credited 1142 

Deductions  from  carriers  for  property  lost  in  transit,  credit  for 1142 

Depositaries — • 

Bonds  to  be  furnished 1091 

Requirement  waived  in  Philippine  Islands 1093 

Designation  of  in  Cuba,  Porto  Rico,  and  Philippines 1092 

National  banks  designated  as 1091 

Duties,  liabilities,  etc 1092 

Deposit  and  safe-keeping  of 1086-1088 

Deposit  of — 

Balances  arising  from  sales  of  surplus  ice,  electric  light  and  power,  and 

laundry  work 1154 

Failure  to  comply  with  requirements  ;  penalty 1090—1107 

Proceeds  of  sales 1089 

Condemned  stores 1148 

Sales  of  surplus  cuttings  of  materials  for  clothing 1156 

Stores  transferred  to  Insular  Department  of  Philippine  Islands 1153 

Without  deduction 1089 

Penalty  for  noncompliance  with  above 1090 

Deserters,  reward  for  apprehension  of,  amount,  etc 1161 

Detained  pay,  to  become  a  charge  against  pay  of  the  Army 1102 

Disbursements  (see  also  Disbursements)  — 

Account  of  to  be  rendered  by  distinct  items 1051 

Accurate  entry  to  be  kept 1103 

Amount  limited  to  sums  appropriated 22,  1094 

Authority  to  intrust  money  to  other  officers  making 1101 

How  applied;  restriction 13,1094 


330  INDEX. 

Public  moneys — Continued. 

Disbursements — Continued.  Paragraph. 

In  case  of  insufficient  balances 1097 

Inspection  of  by  officers  of  the  Army 1037 

To  be  applied  solely  to  objects  for  which  appropriated 22, 1094 

Disbursing  officers  (see  also  Disbursing  officers) — 
Accounts  of — 

To  be  analyzed  and  recorded  in  detail 1030 

To  be  audited 1171 

Authority  to  keep  restricted  amount  of  subsistence  funds. 1100 

Credit  for  lost  funds 1142 

Credit  for  deductions  made  from  carriers,  property  lost  in  transit 1143 

Decision  of  comptroller  in  advance  of  payment  of  accounts 1033 

Delinquencies  in  accounts  ;  procedure „  1036 

Disbursements  in  case  of  insufficient  balances 1097 

Examination  and  inspection  of  accounts 1037 

Funds  to  credit  of,  unchanged  for  three  years 1034 

How  accounted  for 1051 

Nonreceipt  of  accounts  ;  evidence  required 1047 

Pay  of  reserve  forces  of  Signal  Corps  to  be  disbursed  by 297 

Payments  in  case  of  insufficient  balances 1097 

Settlement  of  accounts 73, 167,.  1032, 1142 

Disposition  after  two  years 14 

Division  of  Bookkeeping  and  Warrants,  establishment  of,  duties,  etc 1168 

Drafts- 
Outstanding,  payment  of  upon  presentation 1080 

Remaining  unpaid  three  years  or  more,  vouchers  for 1079 

Sale  of,  at  a  profit 1035 

Drawn  from  Treasury  by  warrants 1163 

Electric  light  and  power;  profit  arising  from  sale  of;  how  applied 1154 

Embezzlement    (see  also  Offenses  and  Penalties)  — 

Prima  facie  evidence 1109 

Record  evidence  of 1110 

Entry  of  each  sum  received,  and  of  each  payment  or  transfer  to  be  kept 1050 

Estimates    (see  also  Annual  Estimates  and  Estimates)  — 

Affecting  revenues  of  the  District;  time  limit _ 1134 

Amount  of  outstanding  appropriations  to  be  designated 1126 

Expenditures  for  repairs,  etc.,  to  public  buildings 1129 

Explanations  of  variations  and  new  items  required 1137 

Manner  of  communicating 1123 

Not  conforming  to  requirements  to  be  rearranged 1131 

Payment  of  judgments;   transmittal  of 1128 

Preparation  of 1123 

To  follow  order  of  preceding  year's  appropriations 1120 

Printing  and  binding 1124 

Proceeds  of  sales  of  old  material ;  statement  to  be  rendered__ 

Separate  communication  to  be  submitted 

Public  works  :  preparation  of 1125 

Salaries;  to  be  founded  upon  express  provisions  of  law 

Special  or  additional,  to  state  necessity,  etc 1122 

Time  for  filing  of 1118 

Transportation  of  the  Army  and  its  supplies  ;  preparation  of 1130 

Examination  of  accounts   (see  also  Accounts)—  -  1038,1040,1042,1171 

Exchange  of  funds,  restriction 1141 

Exchange;  payment  of;  when  authorized 

Expenditures  ;  account  of  to  be  kept  by  auditors 1172 

Balances  of  appropriations 

In  case  of  insufficient  balances 1097 

Limited  to  appropriations  for 22, 1094 

Expenses  of  commissions  or  inquiries  ;  how  payable —  -  1095, 1096 

Expenses  of  sales  to  be  paid  from  proceeds 1150 

Final  judgments,  payment  of 

Fiscal  year,  when  to  commence 

Forms  to  be  prescribed  for  keeping  and  rendering  accounts  ;  by  whom 1043 

Funds  available  for  future  purchases 

How  drawn  from  Treasury 

Keeping  and  rendition  of 1050, 1088 


INDEX.  331 

Public  moneys — Continued.  Paragraph. 

In  personal  possession  for  purchase  of  subsistence 1100 

Laundry  work,  funds  arising  from 1154 

Liabilities  outstanding  three  years  or  more 1078 

Liability   of  disbursing  officers   intrusting   money   to   other  officers   making 

disbursements 1101 

Liability  of  Quartermaster  General  for  funds  in  hands  of  subordinates 24,  1180 

Lost  checks — 

Action  in  case  of  death  of  issuing  officer 1077 

Duplicates   may   be   issued 1076 

Lost  funds  ;  credit  for : 1142 

Lost  property,  deductions  from  carriers  where  lost  in  transit 1143 

Miscellaneous    receipts : 1148 

National  Guard;  funds  received  from  sales  to  (see  Proceeds  of  Sales) 718 

Neglect  or  refusal  to  pay  into  Treasury  any  balance  due  the  United  States--  1069 
Offenses   (see  also  Offenses,  Fines,  and  Penalties)  — 

Acceptance  of  stolen 1116 

Apportionment  of  appropriations  waived  or  modified 6 

Contracting  beyond   specific  appropriations 1147 

Converting  to  own  use 1104 

Custodian  failing  to  keep,  etc 1105 

Depositing  where  not  authorized , 1104 

Disbursing  officers  unlawfully  using 1104 

Embezzlement 1104-1107 

Record  evidence  of 1109 

Extortion  by  officials 1146 

Failure  to  deposit  as  required 1106 

Failure    to   render   accounts,   etc !. 1106 

False  certificates,  etc 1145 

Felony 1115 

Loaning  of,   etc 1104 

Persons    affected 1108 

Receiving,    etc.,    stolen 1116 

Requiring  receipt  for  larger  sum  than  paid 1144 

Officers  making  disbursements  ;  authority  to  intrust  money  to 1101 

Official    or    clerical    compensation,    payment    of 17 

Outstanding  accounts,  reports  to  be  rendered 1081 

Outstanding  checks — 

Payment  upon  receipt  of 1080 

Report  to  be  rendered  in  lieu  of  returns  of  disbursing  officers 1082 

Three  years  or  more,  how  covered  into  Treasury 1078 

Particular  accounts,  audit,  etc.,  of 1064 

Pay  accounts,  contract  surgeons,  may  be  transferred  or  assigned  ;  when 302 

Pay  deposit  fund s:{-j 

Pay  of  the  Army — 

Detained  pay  to  become  a  charge  against 1102 

To  be  disbursed  as  one  fund 1098 

Payment  of  exchange;  when  authorized 307 

Payments — 

Accurate  entry  to  be  kept 1050 

Decision  of  comptroller  in  advance  of 1033 

Outstanding  checks,  funds  available  for 1079 

Premiums — 

Bonds  of  officers.  Government  not  to  pay 48 

On  sales,  to  be  accounted  for 1035 

Returns  to  be  rendered  of 1035 

To  postmasters  for  securing  recruits 1103 

Proceeds  of  sales   (see  also  Proceeds  of  sales)  — 

Exploring  or  surveying  expeditions 1149 

Commissary  stores,  to  officers  and  enlisted  men 1149 

Condemned    stores 1148 

Educational  institutions 115.1 

Electric  light  and  power 1154 

Expenses  of  sales  to  be  paid  from  ;  when 1157 

Horses  and  mules 3207 

How  long  available 772.  1150,  1152 

How  applied 1149,  1155 


332  INDEX. 

Public  moneys — Continued. 

Proceeds  of  sales — Continued.  Paragraph. 

Ice 1154 

Laundry    work 1154 

Serviceable  quartermaster  property 1152 

Statements  to   be  rendered 1157 

None   required   for   subsistence 1158 

Stores  transferred  to  Insular  Department  of  Philippine  Islands 1053 

Subsistence — 

How    long   available 1150 

To  be  covered  into  Treasury 1150 

To   officers  and   enlisted   men 1150 

Surplus   cuttings   of   material    for   clothing 1156 

Surplus   ice 1154 

To  be  deposited  without  deduction 1089 

Penalty  for   noncompliance 1090 

To  officers   and  enlisted   men 1150 

Unserviceable   stores 1148,  1151 

Profits  arising  from  sales.      (See  Proceeds  of  sales.) 

Property  lost  in  transit,  deductions  for,  how  credited 1143 

Quartermaster  General  not  liable  for  funds  in  hands  oE  subordinates 24 

Receipts  and  expenditures 1172 

Receiving  officers,  account  to   be  rendered  of  application  of 1049 

Remaining  on  books  of  Treasury  two  years,  disposition  of 14 

Remaining  unpaid  for  three  or  more  years,  voucher  for 1077 

Rendition  of  accounts.      (See  Accounts.) 

Reports  ;  Quartermaster  General  to  Secretary  of  War,  how  often  rendered 1180 

Requisitions   for  advances 1074 

Requisitions    for   funds,    warrants 1164 

Return  to  be  rendered  cf  premiums  arising  from  sale  of  checks,  etc 1035 

Rendition  of  accounts.      (See  Accounts.) 

Revision   of  settlements 1162 

Reward  for  apprehension  of  deserters 1161 

Rules   governing  administrative  examination   of  accounts 1039 

Safe-keeping  of,  accurate  entry  to  be  kept 1050 

Sales — 

Accurate  entry  of  each  payment  or  transfer  to  be  kept 1050 

Between  bureaus  of  the  War  and  Navy  Departments 3205 

Between    Engineer    Department   and   another   bureau    of   the   War    De- 
partment   1067 

Between  Medical   Department  and  other  bureaus  of  the   War   Depart- 
ment   , 1068 

Between  Military  Academy  and  other  bureaus  of  the  War  Department.  322 

Between   Signal  Corps  and  other  bureaus  of  the  War  Department 1066 

Between  two  bureaus  of  the  War  Department 1203,  1206 

Checks,  drafts,  etc.,  at  a  profit 1035 

Condemned  stores;  proceeds  of  (see  also  Proceeds  of  sales) 1148 

Expenses  of,  to  be  paid  from  proceeds ^ 1151 

Educational  institutions 1151 

Horses  and  mules 1207 

Military  Academy.    (See  Military  Academy.) 
National   Guard.      (See  National   Guard.) 

Navy  and   Marine   Corps;   authority   for 1199 

Officers   and   enlisted   men 1150 

Premiums  on,   to  be  accounted  for ' 1035 

Serviceable    Quartermaster    property 1152 

Statement  to  be  rendered  of  proceeds 1157 

Subsistence   1150 

Surplus  ice,  electric  light  and  power,  and  laundry  work 1154 

Settlement   of   accounts 73 

Between  bureaus  of  the  War  and  Navy  Departments 1205 

Between  Engineer  Department  and  another  bureau  of  the  War  Depart- 
ment    1067 

Between   Medical   Department  and  other  bureaus  of  the  War  Depart- 
ment    1068 

Between  Military  Academy  and  bureaus  of  the  War  Department 

Between  Signal  Corps  and  other  bureaus  of  the  War  Department 1066 

Between  two  bureaus  of  the  War  Department 1203,  1206 


INDEX.  333 

Public  moneys — Continued.  Paragraph. 

Settlements,   recision  of 1162 

Statements — 

Proceeds  of  sales;  time  for  rendering 1157 

None   required   for   subsistence 1158 

Stores,  transferred  to  Insular  Department  of  Philippine  Islands 1153 

Subject  to  draft  of  Treasurer 1165 

Subsistence  ;  in  personal  possession  of  officers  for  purchase  of 1100 

Purchase  of,  for  sales  ;  funds  from  which  available 1099 

Suits  for  recovery  of  balances  due  the  United  States 1069 

Supplies,    services   and   transportation,    appropriation    for   to   be    disbursed 

as  one  fund 13 

Surplus  fund — 

Unexpended  balances  not  needed  at  end  of  fiscal  year  to  be  carried  to__  13 

Remaining  on  books  of  Treasury  two  years  to  be  carried  to 11 

Surplus  fund  warrant ;  balances  to  be  included  in 14 

Total  amount  of  appropriations,  how  determined 5 

Transfer  of  funds,  Signal  Corps 297 

Transfers,  accurate  entry  to  be  kept 1050 

Unexpended  balances    (see  also  Unexpended  balances  of  appropriations)  — 

Accruing  from  lapsed  salaries,  to  be  covered  into  Treasury 1 16 

Application  of  restricted ' 12-16 

Disposition  of,  after  two  years 14 

Diversion  of,  construed  as  a  new  appropriation 12 

How  applied 13 

On  books  of  Treasury  for  two  years,  to  be  carried  to  surplus  fund 11,  13 

Probable  demands  on,  estimate  of  to  accompany  annual  reports 10 

Reappropriation  and  diversion  of : 12 

To  be  included  in  surplus  fund  warrant 14 

Unpaid  for  three  years  or  more,  vouchers  for 1079 

Warrants — 

Countersigned  by  Comptroller  of  Treasury 1164 

Execution    of 1164 

Drawn  from  Treasury  by 1163 

Issuance   of,   time    for 1162 

Wharfage  dues,  Military  Academy 1297 

Public  property: 

Accountability  (see  also  Accountability  and  property  accountability) 1177-1182 

Quartermaster  General,  in  hands  of  subordinates 24 

Report  to  be  rendered  Secretary  of  War  ;  how  often 1180 

Rations  issued  to  Indians  on  frontiers 404 

Regulations  to  be  prescribed  by  Secretary  of  War 1177 

System  of,  by  whom  prescribed 1180 

War  Department,  books,  furniture,  records,  etc 1185 

Accounts  (see  also  Accounts,  Disbursing  officers  and  public  moneys)  — 

Of  company  commanders . 1179 

Rendition  of,  time   limit 1180 

Condemned  stores —  « 

Deposit  of  proceeds  of  sales  of 1148 

Sale    of 1148,  1151 

Damages  to — 

To  be  deducted  from  pay  of  commissioned  officers 529,  530 

To  be  deducted  from  pay  of  enlisted  men 654 

While  in  transit,  credit  for  deductions  on  account  of 1143 

Disposition  of;  power  vested  in  Congress 1014 

Embezzlement  of.     (See  Embezzlement  and  offenses.) 

Enlisted  men,  not  to  be  bartered  or  sold 1183,  1184 

Equippage,  issue  and  sale  of.     (See  Equippage.) 

Forage.      (See  Forage.) 

Fuel.      (See  Fuel.) 

Funds  arising  from  sale  of.     (See  Proceeds  of  sales.) 

In  possession  of  persons  not  soldiers  may  be  seized,  etc 1183,  1184 

Inspection  and  survey  of;  by  whom 1202 

Issue  of  (see  also  Clothing)  — 

Citizens'   Training  Camps 771 

Educational  institutions ;  when 757-759 

Leases  of.     (See  Public  Buildings  and  public  lands.) 


334  INDEX. 

Public  property — Continued.  Paragraph. 

Liability  of  Quartermaster  General  for  property  in  hands  of  subordinates 24 

Loans — 

Tents  ;   restriction 1186 

To  whom  authorized 1186 

To  American  National  Red  Cross  authorized 1187 

Losses  of — 

Affidavit  may  be  accepted  ;  when 1179 

Certificate  to  be  forwarded  in  lieu  of  returns 1181 

Preparation    of 1182 

While  in  transit,  deductions  for,  how  credited 1143 

Moneys  arising  from  sale  of.     (See  Proceeds  of  sales.) 

National   Guard.      (See  National   Guard.) 

Offenses  (see  also  Offenses,  fines,  and  penalties)  — 

Acceptance  of  stopen 1116 

Bartering,  selling,  etc.,  public,  property  of  enlisted  men 1183, 1184 

Delivery  of  prize  property,  fraudulent  interference  with 1193 

Embezzling  clothing,   subsistence,   etc 1192 

False,  etc.,  returns  by  officers 1188 

Fraudulent  interference  with  delivery  of  prize  property 1193 

Robbery  of  personal  property  of  the  United  States 1191a 

Setting  fire  to,  etc.,  maliciously 1194 

Unlawful   purchase    of 1191 

Waste  or  unlawful  disposition  of  by  soldiers 1190 

Willful  destruction  of,  etc 1189 

Officers  not  to  be  interested  in  purchase  or  sale  of 210,  211 

Officers'  account,  deficiencies  in.      (See  Accounts.) 

Other  departments;   transportation  of 1277 

National  Guard.      (See   National   Guard.) 

Rations.      (See  Rations.) 

Returns — 

Certificate  of  losses  to  be  forwarded  in  lieu  of 1181 

Rules  and   regulations  governing,  by   whom   made 1014 

Sales  (see  also  Sales)  — 

Authority  for,  to  officers  and  enlisted  men 1195 

Authority  for,  to  American  citizens  engaged  in  work  abroad 1061 

To  persons  attending  citizens'  training  camps 771 

To  educational  institutions 1204 

Serviceable  quartermaster  stores,  inspection  and  survey  of,  by  whom  made_  1202 

Stolen  (see  also  Offenses  and  penalties)  — 

Acceptance   of 1116 

From  individuals . 1191a 

Survey  of,  by  whom  made 1202 

System  of  accountability  ;   who  shall   prescribe 1180 

Tents — 

Loan  of,  restricted 1186 

Transferred  to  Insular  Department  of  the  Philippines,  deposit  of  funds  de- 

,           rived  from 1153 

War   Department    furniture,    records,    etc 1185 

Willful  destruction  of,  etc 1189 

Public  publications: 

Department  distribution  of 1208 

Distribution  of,  by  Public  Printer 1209 

Exchange  of  documents 1210 

Libraries  of  executive  departments  to  be  furnished  copies  of 1211 

Public  quarters.     (See  Bararcks  and  quarters.) 

Public  records  (see  also  Public  documents  and  public  publications)  : 

Destroying,   etc.,   of;   penalty 1212 

By  officer  in  charge 1213 

Forging  of,    etc 1214 

Printing  of.      (See  Printing  and  Binding.) 
Public  vehicles : 

Exchange  of,  in  part  payment  for  new 178 

Executive  Mansion ;  accommodations  to  be  provided  for  by  Quartermaster 

General 1253 

Funds  necessary  for  purchase,  maintenance,  etc.,  of,  to  be  included  in  an- 
nual estimates.-.                                                 23 


INDEX.  335 

Public  vehicles — Continued.  Paragraph. 

Motor-propelled;  exchange  of,  in  part  payment  for  new ' 179 

In  the  District;  identification  tags  to  be  furnished  free 1270 

Name  of  executive  department  to  be  painted  thereon 1216 

Passenger-carrying,   specific   authority   necessary   for   purchase   of 23 

Personal  use  of,  prohibited 1215,  1216 

Post  exchange,  wagons,  etc.,  for  use  of 18 

Purchase  of,  by  advertisement,  etc. ;  exception 201 

Restriction    governing 23 

Use   of,   restricted 1215,  1216 

Public  works: 

Bonds  of  contractors  to  secure  payment  for  labor  and  materials 49-56 

Construction — - 

Detailed  estimates  to  be  first  submitted  to  Congress 1217 

Expenditures  exceeding  $500,  to  be  made  by  contract 1218 

Exceeding  $20,000  ;   procedure 1217 

Not  to  exceed  appropriations 1226 

Performance  of  work  under  direction  of  officers  of  the  Quartermaster 

Corps—                                     1232 

Post   exchanges,   etc 1230 

Preference  to  be  given  American  materials 1225 

Quarters  for  hospital  stewards- 1221 

In  the  Philippine  Islands 1220 

Quarters,   officers',    cost   limited 1219 

In  the  Philippine  Islands 1220 

Quarters,    seacoast    defenses 1223,  1224 

Separate  contracts  in  each  case 1228 

Shooting  galleries  and  ranges 1231 

Contracts  for,  not  to  exceed  appropriations 1226 

Penalty 1217,  1227 

To  be  separate  in  each  case 1228 

Estimates   for   construction   of   permanent   buildings ;   special   appropriation 

for •__  1217 

Expenditures  exceeding  $500,  to  be  contracted  for 121S 

Exceeding  $20,000  ;  to  be  first  submitted  to  Congress 1217 

Labor — 

Eight-hour    law 1234,  1235 

Separate  contracts  in  each  case 1228 

To  be  performed,  within  jurisdiction  of  United  States 1225 

Military  post  exchanges,  etc. — 

Appropriations  for  support  of  the  Army  not  available  for 18 

Expenditures  exceeding  $500,  approval  of  Secretary  of  War  necessary 

for 1218 

Offenses.     (See  Offenses,  fines,  and  penalties.) 

Penal  bond  to  include  security  for  labor  and  materials 49 

Permanent  barracks  and  quarters.      (See  Public  buildings.) 
Philippine  Islands — 

Franchises,  privileges,  etc.,  who  authorized,  to  grant 1020 

Quarters  for  officers 1220 

Preference  to  be  given  American  material 1225 

Quarters — 

Coast   Artillery    officers 1223,  1224 

Officers',  limit  of  cost 1219 

In    the   Philippines 1220 

Hospital    stewards 1221 

Seacoast  defenses,  construction  and  enlargement  of 1223,  1224 

Separate  contracts  in  each  case 1228 

Surveys ;    assistance    of   United    States   Geological    Survey   and    Coast    and 

Geodetic  Survey  authorized 1233 

Title  papers  to  be  furnished  to  attorney  general 1217 

To  be  contracted  for 1218 

Punishments.     (See  Offenses  and  penalties.) 
Purchases  for  the  Army.     (See  Contracts  and  purchases.) 
Quartermaster  Corps: 
Accounts  of — 

Examination  by  auditor  for  the  War  Department 1171 


336  INDEX. 

Quartermaster  Corps — Continued. 

Acting  quartermasters —  Paragraph. 

Regimental,  battalion  and  squadron  quartermasters  may  be  required  to 

perform   duties   of 476 

Retired   commissioned    officers    detailed    as,    not    regarded    as   service 

with  troops 561 

Appropriations — 

Mileage,  to  be  disbursed  as  pay  of  the  Army 1098 

Pay  of  the  Army,  to  constitute  one  fund 1098 

Supplies,  services,  and  transportation,  to  constitute  one  fund 8 

Certain  civilian  employees  and  all  enlisted  men  of  the  line  detailed  on  extra 

duty  to  be  replaced  by  enlisted  men  of  the  corps 1238 

Chief  of;   designation  changed  to  Quartermaster  General  of  the  Army 1237 

Civilian  employees;  number  limited  to  requirements 945 

Pay  of,  amount  limited . 945 

Composition    of J 1241-1247 

Construction  and  repair  ;•  duties  of  officers  in  connection  with 1232 

Contracts  and  purchases;  officers  of,  not  to  be  interested  in 210,211 

Creation  of 1236 

Duties  of  officers  of 181-183 

When  to  be  performed  by  regimental,  etc.,  staff  officers 476 

Enlisted    force;    composition    of 1245,1246 

Monthly  pay  of 561,  563 

In  time  of  war 564 

Pay   and   allowances 1240 

Enlisted  men  ;  percentage,  each  grade 1245 

Post     quartermaster     and     post     commissary     sergeants,     designation 

changed    to 560 

To  replace  certain  civilian  employees  and  all  enlisted  men  of  the  line 

detailed   on    extra   duty  with 1238 

Total   enlisted   strength 1245 

Establishment   of 1236 

Horses  and  carriages  of  the  President,  accommodations  for,  to  be  provided  by_  1253 

Increase  in  number  of  officers  of 557 

Master  electricians,   designation   changed  to 1246 

Officers  of,  number  allowed  each  grade 459,  1241 

Pay  clerks — 

Former,  commissioned  as  second  lieutenants : 1241 

No  further  appointments  to  be  made_-l 1239 

Promotions,    how    made 1243 

Purchase  of  regular  and  miscellaneous  supplies  to  be  made  by 168 

Officers  not  to  be  interested  in  financially 210,  212 

Quartermaster  General.      (See  also  Quartermaster  General)  — 

Duties    of 1248-1251 

Quartermaster  sergeants  ;  designation  of  post  quartermaster  and  post  com- 
missary   sergeants,    changed    to '.  572 

Number    authorized . 1245 

Pay  of,  etc 568 

In  time  of  war 574 

Selection   of 1247 

Senior  grade,  former  master  electricians  to  be  known  as 1246 

Number    authorized 1245 

Regulations  for  government  of;  by  whom  prescribed 1251 

Statement  to  be  submitted  regarding  condition  of  business;  when 1249 

Supplies,  purchase  of,  for  subsequent  fiscal  years 0 

Temporary  quartermasters,  who  may  act  as 476 

Vacancies — 

Above  grade  of  Colonel,  how  filled 1236 

How  filled 1236,  1243,  TJ44 

Veterinarians   of  _, • 542 

Quartermaster  General : 

Accountability  for  public  funds  and  property  in  hands  of  subordinates -4 

Report  to  be  rendered  Secretary  of  War;  how  often 1180 

Action  on  monthly  report  of  chief  clerk 1248 

Annual  statements  to  be  rendered  by — 

Condition   of  business  of  bureau 1249 

Traveling  expense   of  officers   and    employees 1L1 ."»:.' 


INDEX.  337 

Quartermaster  General — Continued.  Paragraph. 

Designation   changed   to 1237 

Duties  of — 

Horses    and    carriages    of    President ;    accommodations    to    bo    provided 

for,  by 1253 

On  receipt  of  monthly  report  of  chief  clerk 1248 

Report  to  be  rendered  of  all  moneys  and  property  passing  through  his 

hands;  to  whom;  how  often 1180 

To  prescribe  regulations  for  government  of  corps 1251 

To  prescribe  system  of  property  accountability 1180 

Liability  of,  for  funds  and  property  in  hands  of  subordinates 24 

May  be  required  to  perform  duties  of  Secretary  of  War  ;  when 1261 

Pay,  rank,  etc 1236 

Quartermaster  General's  office: 
Chief    clerk- 
Duties    of — 

Distribution  of  work 875 

Oath  of  office,  authority  to  administer 876 

No  fee  to  be  charged 877 

Oaths  to  expense  accounts 878 

No  fee  to  be  charged 878 

Report  to  be  rendered  monthly  of  condition  of  business 875 

Removal  on  charges 950 

Supervision  of  duties  of  subordinate  clerks 623 

Employees  of,  pay  by  classes   (see  also  Personnel — Civilians) 926 

Increased  during  fiscal  year  1918 927 

QBartei-master  sergeants.     (See  Quartermaster  Corps.) 
Quarters   (see  also  Barracks  and  quarters)  : 

Army  field  clerks '__  286 

Commissioned    officers — 

Allowance  of  rooms  at  posts  and  stations 524 

Appropriations  for 449 

Duty  at  proving  grounds 447 

Right  to,  not  to  be  lost  on  account  of  temporary  absence 444 

Commutation  of  (see  also  Commutation  of  allowances)  — 

Army  field  clerks 286 

Commissioned    officers    detailed    to    obtain    military    information    from 

abroad 446 

Signal  Service,  arctic  regions 1 448 

Temporarily  absent,  right  to,  not  to  be  lost 444 

Where  no  public  quarters  are  available,  rate  of,  etc_ 442 

Enlisted    men — 

Detailed  to  schools 597 

Signal  Service,  arctic  regions 618 

Where  no  public  quarters  are  available 617,  619 

Field  clerks,  Quartermaster  Corps 286 

Nurse  Corps •         373 

Retired  enlisted  men 657 

Retired  officers  detailed  to  educational  institutions 564 

Right  to,  not  to  be  lost  on  account  of  temporary  absence 444 

Contracts  for,  to  be  limited  to  current  year  necessities;  exception 186 

Field  clerks,  Quartermaster  Corps 286 

Heat    and    light    for — 

Commutation  of,  where  no  public  quarters  are  available 619 

Regulations  to  be  prescribed  by  Secretary  of  War 527 

Military    Academy — 

Chapel  organist,  when  available 329 

Choirmaster,  when  available 329 

None  allowed  for  servants 443 

Public,   defined 526 

Superintendents,  national  cemeteries 260 

Superintendent,  Nurse  Corps 367 

Ranges,  Rifle: 

For  civilian  instruction.      (See  Rifle  ranges.) 
Railroads  (see  also  Transportation)  : 

Encroachment  by,  on  United  States  property,   forbidden 256 

Executive  control  in  time  of  war 1269 

49392—18 22 


338  INDEX. 

Railroads — Continued.  Paragraph. 

Rights  of  way  ;  forfeiture  of  certain 1029 

Transportation,  National  Guard ;  reduced  rates  by  common  carriers  permitted  680 

Bations  (see  also  Subsistence)  : 

Accountability  for  ;  issue  to  Indians  on  frontiers 403 

Alcoholic  liquors  not  to  be  supplied  or  sold  to  officers  and  enlisted  men 398,  399 

Not  to  be  supplied  in  canteens 398 

Applicants  for  enlistment.     (See  Annual  appropriation  acts.) 

Cadets,  Military  Academy 325 

Coffee  and  sugar,  extract  of  ;  when  permissible 400 

Not  issued,   pay   for 405 

To  be  issued  weekly 402 

Commutation  of  (see  also  Commutation  of  allowances)  — 

Enlisted    men 620 

Members  of  Reserve  Officers'  Training  Corps  who  have  completed  two 

years'   training 764 

Military  Academy,  cadets  of 326 

National  rifle  match,  competitors  in 783 

Amount  allowed 784 

Nurses  (female)  on  duty  in  hospitals 

Nurses    (male  and  female),  on  leaves  of  absence 371 

Traveling  on  detached  duty  ;  when 371 

Where  rations  in  kind  can  not  be  furnished 371 

Retired   enlisted   men 657 

Rifle  match,  competitors  in 783 

Sick  in  hospitals;  rate  of 406,407 

Sugar  and  coffee,  extract  of 405 

Components  of,  by  whom  prescribed 395 

Cooking  of ;  line  and  medical  officers  to  unite  in  superintending 396,  397 

Credit  sales- 
Account  to  be  kept 1195 

Commissioned  officers,  to  be  deducted  from  pay 528 

When  serving  in  the  field 1198 

Enlisted  men,  to  be  deducted  from  pay 652,  657 

Proceeds  of,  to  be  covered  into  Treasury 1148-1150 

Report  to  be  rendered  monthly 1195 

During    captivity 

Daily,  amount  of 

Detachment  of  seamen  and  marines;  when 

Emergency,  to  be  furnished  in  addition  to  regular  ration 

Enlisted   men,    amount   entitled    to 

Commutation    of 

Extract  of  coffee  and  sugar  not  issued,  pay  for 

General  hospitals,  nurses  of 

Hospital    matrons 378,  379 

Hospital  nurses,  post  or  regimental -  378,  379 

Issue    of — 

Enlisted    men 

Hospital    matrons T 

Indians  on  frontiers 

Indians  visiting  military  posts 

Naval  and  marine  detachments 

Nurses  in  post  or  regimental  hospitals 

Reserve  Officers'  Training  Corps 

Kinds,  to  be  prescribed  by  President 

Liquid  coffee  money 

Military  Academy,  cadets  of 

National   Guard    (see   also   National    Guard)  — 

District  of   Columbia 

Philippine   Scouts 

Porto  Rico  Regiment  of  Infantry 

Preparation  of,  rules  and  regulations  governing 

Purchased  on  credit;  deductions  from  pay — 

Commissioned  officers 

Enlisted   men 652»  653 

Purchases ;  officers  not  to  be  interested  in 210,  2] 

For  sales  to  officers  and  enlisted  men,  authority  for 


INDEX.  339 

Rations — Continued.  Paragraph. 

Quantity  and  kind  to  be  prescribed  by  President . 395 

Recruits,  meals  for.      (See  Annual  appropriation  acts.) 

Rifle  match,  meals  for  competitors  in ^ 783 

Sales — 

Account   to   be    rendered 1195,  1198 

At  cost  price-- 1197,  1201 

Cadet,  Military  Academy 478 

Navy  and  Marine  Corps,  price  to  be  charged 1199 

Officers  and  enlisted  men,  authority  for 1195 

Officers  serving  in  the  field 1198 

To  American  citizens  engaged  in  work  abroad 1061 

To  other  bureaus  and  departments 1206 

To  bureaus  of  the  War  and  Navy  departments  ;  exchange  permitted 1205 

Seamen  and  marines  on  shore  duty 365 

Substitution  of  equivalent 400 

Sugar  and  coffee  may  be  commuted  for  extract  of 400 

Not  issued,   pay   for 405 

When  issued  in  kind,  to  be  issued  weekly 402 

Tobacco  purchased  on  credit,  to  be  deducted  from  pay 653 

To  be  purchased  by 181 

Troops  traveling,  meals  for.      (See  Annual  appropriation  acts.) 
Records.     (See  Public  records  and  public  documents.) 
Receiving  officers  (see  also  Public  moneys  and  accounts)  — 

Account  to  be  rendered  of  application  of  public  funds 1049 

Recruiting : 
Depots — 

Additional  pay  of  enlisted  men  detailed  for  duty   at 582,  583 

Mess  stewards  and  cooks  detailed  at,  extra  duty  pay  of 592 

Recruiting  parties — 

Transportation  of,  appropriation   for 1266 

Authority    for : 1265 

Stations — 

Additional  pay  of  enlisted  men  detailed  for  duty  at 591 

Recruits : 

Meals  for.      (See  Anunal  appropriation  acts.) 

Premiums  to  postmasters  for  securing 1103 

Transportation  of,  authority  for 1265 

Appropriation   for 1266 

Red  Cross.     (See  American  National  Red  Cross.) 
Reductions  of  pay  (see  also  Pay  of  civilians)  : 
Civilians- 
Membership  in  societies  for  improving  conditions,  etc.,  not  cause  for 951 

Old  soldiers,  etc.,  not  permissible 949 

Officers  and  enlisted  men.     (See  Pay  of  the  Army.) 
Reenlistments : 

At  expiration  of  three  years'   continuous  service 647 

Of  four  years'  continuous  service 646 

Bonus  for  first,  in  time  of  peace 606 

Bounty  for,  in  time  of  war 607 

Continuous  service  pay  ;  when  entitled  to 635 

Enlisted  men  ;  within  three  months  from  date  of  discharge 636 

Noncommissioned  officers,  continuance  of  warrant 637 

Within  20  days  after  date  of  discharge 637 

Regular  Army  Reserve  ;  additional  pay  for  active  service 791 

Where  furloughed  to  reserve  at  end  of  one  year's  service,  not  authorized 649 

At  end  of  three  years'  service 648 

Regimental  hospitals: 

Nurses  on  duty  at,  rations  for.      (See  Rations  and  Nurse  Corps). 
Registered  mail: 

Part  paid,  to  be  delivered  free  to  departments •    223 

Registry  fee  not  required  by  departments 223 

Regular  Army  Reserve: 

Active  service,   pay   and  allowances 790,  791,  792 

Bounty  of  reservists  upon  reporting  for  active  duty 793 

Composition    of 786 


340  INDEX. 

Regular  Army  Reserve — Continued.  Paragraph. 

Continuous    service,    pay,    etc 791 

Details — 

Educational  institutions,  pay  and  allowances '    756 

Enlisted  men  may  be  furloughed  to  ;  when 648,  649 

Enlistments;  certain,  to  continue  for  one  year • 788 

Field  training,   time  limit 787 

Government  employees'  services  may  be  utilized  for  paying,  etc 795 

Heat  and  light,  commutation  of;  when 792 

Mobilization,   etc.,   time   limit 787 

Ordered  to  active  duty,  commutation  of  allowances 792 

Organization,     etc 787 

Pay  and  allowances,  active  service 790,  791,  792 

Annual  pay,  rate  of  for  members 789 

Continuous    service 791 

Reservists,  during  periods  of  training 787 

Retired  pay,  members  of  not  entitled  to . 794 

Pensions;  members  of  entitled  to 794 

Quarters,   commutation   of;    when 792 

Reserve  organizations  ;  services  of  Government  emplojrees,  etc.,  may  be  uti- 
lized ;  when 795 

Reservists,  bounty  of,  upon  reporting  for  active  duty 793 

Pay  of,  during  periods  of  training 787 

While   traveling 787 

Retirement,  not  entitled  to 794 

Subsistence,  reservists,  reporting  for  active  duty .          793 

Term    of    service 644,645 

Training,  etc.,  time  limit 787 

0  Travel  expenses  of  reservists 787 

Transportation,  reservists  reporting  for  active  duty 793 

Remount  detachments: 

Establishment  of.  authority  for,  at  remount  depots 650 

Removal  from  Office  (sec  also  Personnel — Civilians,  reductions  in  force)  : 

On  charges 950 

Rentals : 

Annual  report  to  include  statement  of —        1255a 

Appropriation  by  Congress  necessary  in  each  case 1255 

Estimates    to   be   submitted -  1255a,  1256 

In  the  District  of  Columbia — 

Authority  for 1254 

Increase  of  number  restricted 

Must  be  appropriated  for  in  each  case 1255 

Statement  to  be  submitted  by  Secretary  of  Treasury 1256 

To  include  details  of  floor  space,  etc 1257 

Reports  (see  also  Annual  reports)  : 
Annual — 

Condition  of  business  of  bureau 1249 

Number  of  employees  and  salary  of  each  below  a  fair  standard  of  efficiency- 
Printing  of  restricted 1003 

Proceeds   of   sales    of   public    property 1157 

Statement  of  rentals  to  be  included  in__  1255a 

Department  heads  may  require,   if  necessary __ 

Disbursing  officers,  outstanding  checks 

Monthly  ;  condition  of  business  in  office 

Quartermaster    General ;    account    of    all    moneys   and    property    in    hands 

of    subordinates 

Reductions  in  compensation,  reasons  to  be  stated 

Removal  on  charges 

Surety  companies  as  sureties  ;  assets  and  liabilities 

Reserve.     (See  Army  Reserve  and  Regular  Army  Reserve.) 

Reserve  Corps.     (See  Officers'  Resorvo  Corps  and  Reserve  Officers'  Training  Corps.) 
Reserve  Officers'  Training  Corps: 
Active  duty — 

In  time  of  peace 

In  time  of  war 

Appointments — 

Eligibility  not  affected  by  postgraduate  course  while  undergoing-- 

Graduates  of  senior  divisions,  in  Officers'  Reserve  Corps 762 


INDEX.  341 

Reserve  Officers'  Training  Corps — Continued. 

Appointments — Continued.  Paragraph. 

Prior  graduates  of  institutions 766 

Temporary   second   lieutenants 767 

Bonds  for  care  and  safe-keeping  of  property  issued  to__ 757 

Camps  for  additional  training  ;  period  of  encampment,  allowances,  etc 761 

Commissions — 

Eligibility  of  prior  graduates 766 

Graduates  of  senior  divisions  in  Officers'  Reserve  Corps 762 

Eligibility  not  affected  by  postgraduate  course  except 763 

Temporary   second   lieutenants 767 

Commutation  of  subsistence  ;  after  two  years'  training : 764 

Courses  of  training  to  be  prescribed  ;  by  whom 753 

Credit  for  service  in  schools  where  commissioned  officers  are  detailed  as  pro- 
fessors of  military  science  and  tactics 765 

Details — 

Commissioned  officers,  as  professors  of  military  science  and  tactics.  750,  752,  755 

Enlisted  men   (active,  retired,  or  reservists) 756 

Authority  for 759 

Retired  commissioned  officers,  in  time  of  peace,  with  their  consent 745 

Divisions,  senior  and  junior,  to  be  organized  at  certain  universities 748 

Eligibility  for  membership 754 

Establishment  of  at  certain  schools  and  colleges 748 

At  other  than  State  colleges 751 

Requirements 752 

Of  units  at  State  colleges 749 

Requirements 750 

Graduates,  prior,  eligibility  of  for  appointment  in  Olflcers'  Reserve  Corps 766 

Of  senior  divisions,  appointment  of  in  Officers'  Reserve  Corps 762 

Eligibility  not  affected  by  postgraduate  course  except  while  under- 
going  763 

In  time  of  peace  ;  active  duty  ;  who  may  order 767 

In  time  of  war;  active  duty  ;  who  may  .order 769 

Subject  to  rules  and  articles  of  war 769 

Issue  of  supplies  to 757—759 

Instruction;  credit  for,  as  for  service  in  senior  division 765 

Maintenance  of  in  civil  schools,  etc 748 

Membership,  eligibility  for 754 

Military  science  and  tactics,  officers  detailed  as  professors  of 750,  752,  755 

Military  training;  courses  to  be  prescribed;  by  whom 753 

Credit  for,  when 765 

Roster  to  be  kept  of  all  persons  qualified  for  service 770 

Pay  and  allowances — 

Duty  with  Regular  Army 767 

Officers    (active  and  retired)   detailed  as  professors  of  military  science 

and  tactics 755 

Reserve  officers  appointed  as  temporary  second  lieutenants 767 

Pensions  ;  reserve  officers  and  temporary  second  lieutenants  entitled  to 768 

Prior  graduates,  eligibility  of  for  appointment  in  Officers'  Reserve  Corps 766 

Professors  of  military  science  and  tactics,  officers  detailed  as 755 

Quartermaster  supplies  and  stores,  issue  of  to 757,  758,  759 

Reimbursement  to  institutions  furnishing  own  uniforms 760 

Retired  pay;  reserve  officers,  etc.,  not  entitled  to 768 

Retirement ;   not  entitled  to 768 

Roster  of  persons  qualified  for  service  to  be  kept 770 

State  universities,  establishment  of  units  at 749 

Requirements 750 

Subsistence;  additional  training  camps 761 

Commutation  of,  members  who  have  completed  two  years'  training , 764 

Training.      (See  Military  training.) 

Gratuitous  services  of  Officers'  Reserve  Corps  permissible 747 

Uniforms,  reimbursement  to  colleges  furnishing  own 760 

Units,  establishment  of  at  State  universities 749 

Requirements \ 750 

At  other  than  State  universities 751 

Requirements 752 

Units,  training  of;  courses  to  be  prescribed  by  Secretary  of  War 753 


342  INDEX. 

Reservists  (see  also  Regular  Army  Reserve)  :  Paragraph. 

Bounty,  upon   reporting  for -active  duty 793 

Pay  of,  during  periods  of  training 787 

Travel   expenses   of 787 

Reserve  veterinarians : 

Appointment   of 544 

Discharge  of 544,  528 

Pay  and  allowances 544 

Retired  commissioned  officers: 
Active  duty — 

Acting  quartermasters,  not  regarded  as  service  with  troops 561 

Above  grade  of  major,  retired  pay  only 553 

Adjutant  general,  District  of  Columbia  Militia 558 

Advanced  one  grade,  service  during  Civil  War 549 

Allotments  of  pay „ 431 

Assigned  to  recruiting  duty  with  militia,  etc 560 

College  professors,  retired  pay  only 562,  563,  565,  566 

Colonel  or  lieutenant  colonel 554 

Educational  institutions,  pay,  etc 562,  563,  565,  566 

Examination  for  return  to,  if  retired  for  disability 551 

In  time  of  war 559 

Military   attache's 560 

Military  Academy.     (See  Military  Academy.) 
National  Guard    (sec  also  National  Guard)  — 

Service  without  troops 557,  560,  561 

Pay  for,  in  time  of  peace 553,  556 

In  time  of  war 559 

Recruiting  in  connection  with  National  Guard 560 

Reserve  Officers'  Training  Corps 755 

Soldiers'  Home,  retired  pay  only 552 

Staff  duties  not  involving  service  with  troops ,  560 

Temporary  command  of  post  without  garrison 555 

Brigadier  general,  having  Civil  War  service 550 

Chief  of  Staff  Corps  or  Department,  service  as 548 

Civil   War   service 549,  550 

Commutation  of  quarters  to  be  paid  by  school  to  which  detailed 564 

Computation  of  time  for  service  allowed  on  retirement 501 

Detailed.     (See  Active  duty.) 

Examination  for  return  to  duty  if  on  list  for  disability 551 

Having  less  than  four  years'  to  serve 465 

Longevity   pay 567_569 

Mileage,  rate  of 510 

Traveling  under  competent  orders 510 

Pay- 
Above  grade  of  major 553 

Active  duty.      (See  Active  duty.) 

Adjutant  general,  District  of  Columbia 558 

Allotments  of,  while  on  active  duty 431 

Chief  of  Staff  Corps  or  Departments,  service  as 548 

Civil  War  service,  below  grade  of  brigadier  general 549 

Colonel  or  lieutenant  colonel,  same  as  for  major 554 

Doorkeeper  to  President,  officer  acting  as .  520 

In  time  of  war 559 

Longevity  pay 567-569 

Not  to  exceed  that  of  major 553-556 

Rate  of,  on  retirement 54(5 

Service  in  connection  with  construction  of  Panama  Canal 547 

Recruiting  in   connection  with   National   Guard 560 

Service  without  troops 560,561 

Temporary  command  of  post  without  garrison 555 

Wholly   retired 570 

Physical  disability  contracted  in  line  of  duty 480 

Retired  for  disability,   list  of  to  be  kept 551 

Retired  pay 540 

Wholly   retired 570 

Retired  enlisted  men: 

Allotments  of  pay,  while  on  active  duty 602 

Allowances  of__  657 


INDEX.  343 

Retired  enlisted  men — Continued.  Paragraph. 

Civil   War   service 549 

Computation  of  time  for  retirement 638 

Detailed;   pay  and   allowances 564,756 

Extra-duty  pay,  to  be  paid  by  school  to  which  detailed 564 

Foreign  service,  computation  of  time  for  retirement 310 

Pay,   etc.,   30  years'    service 657 

Military  Academy,  acting  first  sergeant,  detachment  of  Engineers 333 

Reserve  Officers'  Training  Corps,  when  detailed  with 756 

Restored    to   active   duty 658 

Retirement : 

Commissioned  officers — 

Duty  with  Officers'  Reserve  Corps  not  to  be  counted 746 

Failure   to   pass   examinations;   physical    disability    contracted   in   line 

of    duty 480,  481 

Reserve  officers 768 

Temporary   second    lieutenants .768 

Computing  length   of  service   for — 

Service  as  volunteers,  War  of  the  Rebellion 501 

Enlisted  men — 

Enlisted  Reserve   Corps,   not  entitled   to 803 

Commissioned  service  in  the  National  Guard  to  be  counted  in  comput- 
ing time  for 643 

Commissioned  service  in  Officers'  Reserve  Corps  to  be  counted  in  com- 
puting time  for 643 

Commissioned   service  in   Philippine   Scouts  to   be  counted   in   comput- 
ing time  for 638,639 

Commissioned  service  in  Porto  Rico  Provisional  Regiment  to  be  counted 

in  computing  time  for 638 

Commissioned  service  in  volunteer  organizations,  etc.,  to  be  counted  in 

computing  time  for 638,643 

Regular  Army  Reserve;  members  of  not  entitled  to 794 

Former   veterinarians,    for   physical    diability 543 

Military  Academy,  officers,  etc.,  of.     (See  Military  Academy.) 

Philippine  Scouts  (see  also  Philippine  Scouts) 386-389 

Reserve  officers 768 

Returns : 

Certificate  of  losses  to  be  forwarded  in  lieu  of 1181 

Premiums  arising  from  sale  of  checks,  etc 1035 

Public  moneys  ;  department  heads  may  require,  if  necessary 1047 

Public  property ;  certificate  of  losses  to  be  forwarded  in  lieu  of 1181 

Rules  and  regulations  governing  ;  by  whom  made 1014 

Revenue  Cutter  Serrice: 

Burial  of  officers  and  men  of,  in  National  cemeteries 250 

Rifle  match: 

Commutation  of  rations  to  competitors  in,  amount  limited 783,  784 

Meals   for   competitors   in 783 

Cost   of   limited 784 

Teams  participating  in,  to  be  authorized  by  Secretary  of  War 785 

Transportation  of  teams  participating;  payment  of 785 

Rifle  ranges  for  civilian  instruction: 

Annual  estimates  for  maintenance  of  to  be  submitted 777 

Appropriation  for — 

To  remain  available  until  expended 781 

To  be  expended  under  direction  of  Secretary  of  War 781 

Detail  of  noncommissioned  officers  as  instructors 780 

Director  of  civilian  marksmanship  ;  detail  of  officer  as 782 

Establishment  and  maintenance  of;  appropriation  for 781 

Instructors  ;  detail  of  noncommissioned  officers  as 780 

Maintenance  of,  annual  estimates  to  be  submitted 777 

Who  may  participate  in 778 

Rights  of  way: 

Easements,  subject  to  Secretary  of  War 1025 

For  electric  lines 1028 

Granted   railroads;   reversion 1029 

Highways,  construction  of,  granted 1027 

Military  reservations 1013,  1027 

Philippine    Islands 1020 


344  INDEX. 

Bights  of  way — Continued.  Paragraph. 

National  cemeteries,  railroads  must  not  encroach 1029 

Public  lands,  Secretary  of  War  may  grant 1028 

To  canal  or  ditch  companies 1025, 1026 

Roadways.     (See  National  cemeteries.) 
Salaries.     (See  Pay  of  civilians.) 
Sales : 

Account  to  be  rendered 1195, 1198 

Alcoholic  liquors,  to  officers  and  enlisted  men,  prohibited 398,  399 

At  cost  price 1197, 1201 

To  American  citizens  engaged  in  work  abr6ad 1061 

Between  bureaus  of  the  War  and  Navy  Departments,  exchange  permitted 1121 

Between  Engineer  Department  and  another  bureau  of  the  War  Department-         1067 

Between  Medical  Department  and  other  bureaus  of  the  War  Department 1068 

Between  Military  Academy  and  bureaus  of  the  War  Department 322 

Between  Signal  Corps  and  other  bureaus  of  the  War  Department 1066 

•  Between  two  bureaus  of  the  War  Department,  price  to  be  charged 1203, 1206 

Cadets,  Military  Academy 478 

Citizens'  training  camps,  persons  attending,  amount  limited 771 

Condemned  Army  horses 693 

Condemned  stores;  expenses  of,  to  be  paid  from  proceeds 1151 

Credit,  account  to  be  kept : 1195 

Report  to  be  made  monthly  to 1195 

Damages  military  stores  ;  authority  for 1202 

Educational  institutions,  price  to  be  charged _         1204 

Proceeds  of  to  revert  to  appropriation  from  which  expended 1259 

Electric  light  and  power,  surplus  of 1154 

Expenses  of,  to  be  paid  from  proceeds 1151 

Horses  and  mules 1207 

Ice,  surplus  of 1154 

Laundry  work 1154 

Military  Academy,  cadets  of 478 

National  Guard  (see  also  National  Guard) 717-720 

Navy  and  Marine  Corps 1200 

Net  proceeds  of,  to  be  deposited  only 1150 

Obsolete  military  stores,  authority  for 1202 

Officers  and  enlisted  men,  account  to  be  kept 1195 

Alcoholic  liquors  prohibited _ 399 

Authority  for 1195 

Officers  not  to  be  interested  in  financially 210,  211 

Old  material ;  statement  to  be  rendered  to  Congress  of  proceeds 1132, 1133 

Ordnance  and  ordnance  stores,  price  to  be  charged 1203 

Philippine  Scouts  ;  stores  transferred  to  ;  proceeds  of 1153 

Premiums  on  to  be  accounted  for__. 1035 

Proceeds  of   (see  also  Proceeds  of  sales)  — 

Certain,  to  the  Army 1149 

Citizens'  training  camps,  how  long  available 772 

Condemned  stores,  etc 1148 

Educational  institutions  ;  how  applied 1155 

Exploring  or  surveying  expeditions  authorized  by  law  ;  how  applied 1149 

How   applied 1094,1149,  1155 

Insular  Department  of  the  Philippines,  stores  transferred  to__, 

Laundry  work,  electric  light  and  power,  and  ice 1154 

Navy  and  Marine  Corps 1199,  1200 

Officers  and  enlisted  men 1150 

Old  material,  statement  to  be  rendered 1132,  1133 

Philippine  Islands,  stores  transferred  to  Insular  Department  of 

Serviceable  quartermaster  stores,  how  long  available 

Statement  to  be  rendered  annually 1157 

None  required  for  subsistence 

Subsistence,  how  long  available  (see  also  Subsistence) 1149,1150 

Surplus  cuttings  of  materials  for  clothing—  1156 

Surplus,  ice,  electric  light  and  power,  and  laundry  work 

To  be  deposited  without  deduction 

Penalty  for  noncompliance  with  above--  1090 

Subsistence — 

At  cost  price,  how  ascertained 1197 

Authority  for,  to  officers  and  enlisted  men 1195,  1196 


INDEX.  345 

Sales — Continued. 

Subsistence — Continued.  Paragraph. 

Authority  for,  to  American  citizens  engaged  in  work  abroad 975J 

Cadets,  Military  Academy 478 

Navy  and  Marine  Corps,  price  to  be  charged 1199 

Officers  serving  in  the  field,  monthly  report  to  be  rendered 1198 

Proceeds  of,  how  applied 1094,  1149 

How  long  available 1150 

Purchase  of,  authorized  from  appropriations  for  subsistence 1196 

Statements  not  required 1158 

To  other  bureaus  and  departments,  price  to  be  charged j. 1206 

Tobacco,  at  cost  price 1201 

Unserviceable  stores,  etc.,  authority  for 1202 

School-teachers  (see  also  Service  schools)  — 

Additional  pay,  rate  of,  enlisted  men  acting  as 585 

School  for  bakers  and  cooks: 

Enlisted  men  acting  as  instructors  at,  additional  pay,  etc 592 

Prizes  for  cooks  and  bakers  graduating  at — ' 651 

Scouts,  Indian.     (See  Indian  scouts.) 

Seagoing  vessels.     (See  Transports  and  harbor  boats.) 

Seacoast   defenses: 

Construction  and  enlargement  or  buildings  for,  amount  allowed 1223,  1224 

Service  roll  (Honorable)  : 

Establishment  of,  prohibited 948 

Service  schools: 

Officers  detailed  as  instructors ;  leave  of  absence  during  suspension  of  aca- 
demic studies 496 

Set-offs : 

Determination  of 122 

Settlements   (see  also  Public  moneys)  : 

Accepting  payment  on  Auditor's  settlement  conclusive 1162 

Revision  of;  when 1162 

Accounts  contracted  abroad 1054-1056 

Suspended    items : 1162 

Sewing  machines : 

Exchange  of,  in  part  payment  for  new 178 

Sharpshooters : 

Additional  pay,  rate  of • 590 

Shooting  galleries  and  ranges: 

Maintenance    of 1231 

To  be  open  to  National  Guard  and  rifle  clubs,  etc 1231 

Sick  leave: 

Clerks,  etc.,  executive  departments 917 

Contagious  diseases,  member  of  family 917 

Employees  of  arsenals,  etc 913 

Officers,  full  pay  while  on 491 

Signal  Corps  (see  also  Aviation  duty)  : 

Grades  of  chauffeur,  first  class,  and  chauffeur,  created,  pay,  etc 575 

Mileage,  etc.,  officers  and  men  of  foreign  armies 512 

Temporary  forces — 

By  whom  paid 297 

Pay   and  allowances 416 

Special  disbursing  agents    (see  also  Disbursing  agents  and  disbursing  officers)  : 

Bonds  of 27 

Staff  corps  or  Departments: 

Chief  of,  appointment,  etc 464 

Chief  ordnance  officer  may  be  assigned  to 463 

Period  of  staff  service 465 

Quartermaster  duty  to  be  performed  by  regimental,  etc.  staff  officers 435 

Service  as  chief  of;  rank,  pay,  etc.,  on  retirement 549 

Staff  service  with  troops  deemed  line  duty 475 

Vacancies,  chief  of,  how  filled 464 

Statements.     (See  Reports.) 
Stationery : 

Purchase    of 192 

Contracts  for,  to  be  for  a  term  of  one  year  only : 177 

Steam  laundries   (see  Laundries)  : 

Outside  work,  proceeds  of,  how  applied 1154 


346  INDEX. 

Stoppages  of  pay  (see  also  Forfeitures  of  pay) —  Paragraph. 

Absence  from  duty 428 

Civilians,  expiration  of  granted  leave 912 

Commissioned  officers 426-455-491 

Arrears  in  accounts 531-532 

Certificate    of    nonindebtedness    necessary    before    final    payment    on 

discharge 482 

Cost  of  repairs  to  arms,  equipments,  etc 529-530 

Deficiencies  in  money  accounts 531-532 

Deficiencies   in   property   accounts 530 

Detached  duty  :  failure  to  comply   with  terms  of 455—456 

Enlisted  men,  clothing  overdrawn 608 

Rations  purchased  on  credit 652 

Repairs  to  arms,  equipments,  etc.,  cost  of 654 

Tobacco  purchased  on  credit 653 

Indebtedness  to  the  United  States 532 

National  Guard,  property  lost  or  destroyed 688-706 

Officers,  General  Staff  Corps,  allowing  violations 316 

Three  months'  absence  without  leave,  commissioned  officers 426 

Rations  purchased  on  credit 528,  652 

Storage  of  Army  supplies: 

Secretary  of  War  to  make  allowances  for 183 

Subsistence  (see  also  Rations)  : 

Accountability   (see  also  Accountability)  — 

Regulations  governing,  by  whom  prescribed 1177 

Civilian  employees  ;  expense  of  while  traveling 954 

Claims  of  States  for  reimbursement 87,  90,  93 

Commutation  of    (see  also  Commutation  of  allowances)  — 

Employees  on  harbor  boats 934 

Members  of  Reserve  Officers'  Training  Corps  who  have  completed  two 

years'  training 764 

Contracts  for,  to  be  limited  to  current  year  necessities  ;  exception 186 

To  provide  for  complete  delivery 185 

Credit  sales,  account  to  be  kept 1195 

Report  to  be  rendered  monthly 1195 

During  captivity 580 

Enlisted  men  on  discharge,  sea  travel 656 

Funds  available  for  purchase  of,  for  sales  to  officers  and  enlisted  men 1099 

Funds  in  personal  possession  for  purchase  of 1100 

Issue  of — 

Citizens'  training  camps,  members  of  while  attending 771-776 

Reserve  Officers'  Training  Corps 761 

National  Guard,  during  annual  encampments,  etc 673 

Navy  and  Marine  Corps,  sale  of  to 1200 

Nurse  Corps.      (See  Nurse  Corps.) 

Officers  not  to  be  interested  in  purchase  or  sale  of 210,  211 

Philippine  Scouts.  Provisional   Regiment 383-385 

Porto  Rican  Regiment  of  Infantry 392 

Purchase  of,  by  whom 181 

Purchase  of,  for  sales 1096 

From  Navy  and  Marine  Corps,  price  to  be  paid 1199 

Funds  from  which  available—  1099 

Funds  in  personal  possession  for 1100 

Rations,  issue  of  (see  also  Rations)  — 

To  naval  and  Marine  detachments 365 

Reservists,  reporting  for  active  duty 793 

Retired  enlisted  men,  allowance  of 657 

Sales   (see  also  Sales)  — 

At  cost  price,  how  ascertained 1197 

To  persons  engaged  in  work  abroad 1061 

Moneys  arising  from,  how  long  available 1094-1150 

To  Navy  and  Marine  Corps,   price  to  be   charged 1199 

To  officers  and  enlisted  men,  application  of  proceeds 1149 

Authority    for 1195 

To  officers  serving  in  the  field 1198 

To  other  bureaus  and  departments,  price  to  be  charged 1206 

To  persons  engaged  in  work  abroad 

Unserviceable  stores--                                               1202 


INDEX.  347 

Subsistence — Continued.  Paragraph. 

Seamen  and  marines,  issue  of  to 365 

Sick  in  hospitals 406 

Canal    Zone 407 

Superintendent,  Nurse  Corps 367 

Troops  traveling,  meals  for.     (See  Annual  Appropriation  Acts.) 

Unserviceable  stores,  inspection  and  survey  of 1202 

Suits : 

Deficiencies  in  officers'  accounts 531 

For  recovery  of  public  moneys ! 1069 

Superintendents  of  National  Cemeteries  (see  also  National  Cemeteries)  : 

Appointment  of,  authority  for 258 

.Pay.  etc 260,  278 

Porter's  lodge,  for  use  of 259 

Supplies  (see  also  Public  property,  clothing,  and  equipment)  : 
Accountability  for.     (See  Accountability.) 
Issue  of.     (See  Rations  and  subsistence.) 
Purchase  of.      (See  Contracts  and  purchases.) 

Sureties : 

Additional  security,  who  may  require 46 

Agents  to  be  appointed  ;  where 37 

Bonds.   (See  Bonds.) 

Discrimination  forbidden 36 

Liability  of,  period  to  continue 32 

Premiums   on   bonds 47 

Priority   of 106 

Procedure  and  qualifications  necessary  to  transact  Government  business 44 

Release  after  five  years  without  suit 34 

Revocation  of  authority 46 

Solvency  of,  who  authorized  to  institute  inquiry 46 

Special  agents,  bonds  of 27 

Statement  of  assets  and  liabilities,  how  often  filed 45 

Who  may  execute  or  guarantee  bonds 35 

Surety  companies  as  sureties: 

Agents,  power  of  attorney  necessary  when  appointed 37 

To  be  appointed  outside  of  State  of  incorporation 37 

Bonds   (see  Bonds)  — 

Executed  by  ;  may  be  accepted 35 

Officers' — 

Liability  of,  not  affected  by  noncompliance  with  requirements 31 

Notice  of  default,  nonreceipt  of 33 

Bids,  written  guarantee  to  accompany  (see  also  Bids) 213 

Contracts,  validity  of  not  affected  by 43 

Failure  to  comply  with  provisions 43 

Denying  power,  estoppel  from 42 

Discrimination  forbidden 36 

Forfeiture  of  rights  on  failure  to  pay  judgments 41 

Jurisdiction  of  United  States  courts 40 

Liability  of,  period  to  continue 32 

Noncompliance   with    provisions 43 

Premiums — - 

Rate  of,   fixed  by   law 47 

United  States  not  to  pay  any  part 48 

Priority  of  sureties 106 

Procedure  necessary  to  transact  Government  business 44 

Qualifications  necessary  to  transact  Government  business 44 

Release  of,  after  five  years,  without  suit 34 

Revocation  of  authority . 46 

Solvency  of,  who  authorized  to  institute  inquiry 46 

Statement  of  assets  and  liabilities,  how  often  filed 45 

Suits  to  be  instituted,  deficiencies  in  pay  accounts 531 

Surplus  fund  (see  also  Public  moneys)  : 

Balances  not  needed  at  end  of  fiscal  year  to  be  carried  to 13 

Balances  remaining  on  books  of  Treasury  after  two  years  to  be  carried  to 11 

Switchboard  operators : 

Enlisted  men,  acting  as,  pay,  etc.     (See  Enlisted  men.) 


348  INDEX. 

Target  practice:  Paragraph. 

Appropriations   for  ;    how    long   available 97 

Claims  for  damages  to  and  loss  of  private  property  incident  to,  to  be  settled 

by  Auditor  for  War  Department,  etc. 97 

Report  to  be   rendered 108 

Participation  in,  by  National   Guard  ;  authority  for 674 

Teamsters.     (See  Additional  pay  and  Enlisted  men.) 
Telegraph  service: 

Transmission  of;  priority  of  Government,   when 1258 

Telephone  service : 

Contracts  for,  by  whom  made 192 

Expenditures  for,   in   private  residences,   restricted 1259 

Long  distance;  payment  of 1259 

Temporary  vacancies : 

Attorney  General,  who  shall  act 1262 

Chiefs  of  Bureaus,   who  shall   act- 1260 

Officers  filling,  no  extra  compensation  for 1264 

Period  limited  to  30  days 1263 

Secretary  of  War,   who  shall   act ^ 1261 

Tentage : 

Loan  of,   restricted 1186 

Time  recording  clocks : 

Purchase  of,  restricted 190 

Tombstones.     (See  Headstones,  National  cemeteries.) 

Training  camps   (see  Citizens'  training  camps  and  Reserve  Officers'  Training  Corps)  : 

Recreational  purposes;  funds  available  for 1146 

Transfers : 

Civilians — 

At  increased  salary,  restricted 931 

Extended  to  include  independent  establishments 953 

From  one  department  to  another,  three  years'  service  necessary  for 952 

Transportation: 
By   land — 

Animals  ;    28-hour   law 1278-1280 

Continuous  confinement    on  cars  and  vessels ;  time  limit 1278 

Feeding  of,   at  owners'   expense  during 1279 

Penalty  for  noncompliance  with  requirements 1280 

Applicants  for  enlistment ;   authority   for 1266 

Appropriation    for 1266 

Army   and    its    supplies 1266 

By   whom   furnished 182 

Regulations  to  be  prescribed  by  Secretary  of  War 183 

Artificial  limbs;  for  fitting  of 1276 

Baggage — 

Enlisted  men,  on  authorized  change  of  station  ;  when 

Ten   or  more   years'    service 1271 

Excess,    regulation    change    of    station    allowance ;    reimburse- 
ment to  be  collected 12.72 

Loss  or  damage  to,  shipment  under  orders,  claims  for 

Regulation  allowance  of,  claims  for  to  be  covered  by- 
Troops,  including  cost  of  packing  and  crating;  authority  for 

Chaplains  to  be  furnished  means  of;  when 

Citizens'  training  camps,  members   of —  771-776 

Civilians- 
Injuries  received  in  the  service 

Remains  of,  when  dying  abroad.      (See  National  cemeteries.) 
Claims  of  States  for  reimbursement.      (See  Claims.) 
Commissioned  officers — 

Duty  in   Alaska .- 

In  kind,  on  request 

Contracts  for,  to  be  limited  to  current  year  necessities- 
Discharged  enlisted  men,  disability  incurred  in  line  of  duty— 
Educational  institutions  ;  student  members  of  Officers'  Reserve  Corps  ; 

when 758 

Embargo,  not  to  apply  to  Army  shipments-- 
Excess baggage  ;   reimbursement   collected 

Exclusive  control   of   systems   in   time   of  war 


INDEX.  349 

Transportation — Continued. 

Citizens'  training  camps,   members  of — Continued.  Paragraph. 

Foreign  armies,  officers  and   men   of;   reimbursement    for 520a 

Horses — 

Private  mounts  of  officers,  from  point  of  purchase  to  station 1274 

In  excess  of  authorized  number 127;") 

On  Government  bill  of  lading 1275 

In  time  of  peace  ;  prompt  delivery  without  regard  to  embargo ' 1268 

In   time  of  war:  exclusive  control  of 12TJO 

Preference  to  be  given  Army  and  its  supplies 1268 

Insane    patients 1266 

Land  grant  railroads — 

Appropriations  for 1  267 

Deduction    514 

Payment  of 1267 

Mileage.      (See  Mileage) 
Computation  of — 

Over  shortest  route 510 

I'.y    mileage   tables r>10 

Military  Academy- 
Cadets  and  graduates  of.      (See  Mileage,  i 
Military  prisoners.      (See  Travel  allowance.) 
Militia.'     (See  National  Guard.) 

Supplies  for  permanent  equipment  of 1266 

Motor  vehicles — - 

In  the  District  of  Columbia;  identification  tags  to  be  furnished  free  1270 

When    shall    constitute 1270 

National  Guard — 

Mustered  into  service   and  discharged   for  physical   disability 1266 

Reduced  rates  by  common  carriers  permitted 679 

National   rifle  matches  ;   appropriation   for 785 

Naval   and  Marine  detachments ;    Quartermaster's    Department   to   fur- 
nish ;   when .'564 

Officers  detailed  to  obtain  information  from  abroad 500 

Officers  on  official  duties 127.". 

Of  remains.      (See  National  cemeteries.) 

Orders  to  state  necessity  for  special  duty  enjoined 508 

Orders  to  state  necessity  for  travel  in  the  military  service 505 

Ordnance  and  ordnance  stores 1266 

Other  Government  departments,  property  of 1277 

Owned   horses 1274-1275 

Packing  and  crating 1266 

Persons  to  whom  artificial  limbs  are  furnished,  for  fitting  of 1276 

Possession  of  systems  taken  over  by  Government  in  time  of  war 1260 

Post  exchanges;  use  of  by 18 

Preference  in  time  of  war 1268 

Private  mounts  of  officers — 

From  point  of  purchase  to  station 1274 

In  excess  of  authorized  number 1275 

Property  of  other  departments 1277 

Purchase  of  means  of,  to  be  made  by  Quartermaster's  Department 201 

Rates  to  National  Guard ;  reduction  of,  by  common  carriers,  permitted-  679 

Recruits  and  recruiting  parties  ;  authority  for 1265 

Remains    of    officers   and    enlisted    men    (see   also    National    cemeteries) __  249, 

261-265 

Remains  of  officers  and  enlisted  men  (see  also  National  cemeteries) 249, 

Reservists,  reporting  for  active  duty ! 792 

Sea  travel;  enlisted  men  on  discharge 656 

Sleeping-car  accommodations.      (See  Mileage.) 

Superintendent,  Nurse  Corps,  traveling  under  orders 266 

Supplies;  control  and  supervision  of;  by  whom 1265 

Transportation  requests,  when  furnished,  deduction  for 513 

Travel  allowance.      (See  Travel  allowance.) 
Traveling   expense.      (See  Traveling  expense.) 

Travel  over  bond-aided  roads  ;  deduction 514 

Troops  and  baggage,  appropriation  for 1266 

Secretary  of  War  to  have  supervision  and  control  of 1265 


350  INDEX. 

Tra  importation — Continued. 

By  water—  Paragraph. 

American  vessels  to  be  used  ;  rates,  etc 1287 

Appraisement  of  vessels  for  public  use 1282 

Between  ports  of  the  United  States  and  insular  possessions 1283-1288 

Discontinuance  of  transport  service  ;  action  necessary 1291 

Foreign  vessels  engaging  in   trade  between   United  States  and   Philip- 
pines   1288 

Guam;   merchandise  of  American  production 1285 

Passengers   to 1283 

Harbor  boats — 

Canal   tolls 1281 

Payment   for 1282 

Transports.      (See  Transports.) 

Lighthouse  service  (see  also  Lighthouse  service) 1298 

Merchandise  of  American  production  to  Island  of  Guam 1285 

Steamships  ;  seizing  of  as  cruisers  or  transports  ;  payment  for 1282 

Tolls,  etc.,  not  to  be  levied  or  collected 1281 

Transports;  use  of  restricted  (see  also  Transports) 1283 

United  States  Shipping  Board  (see  also  United  States  Shipping  Board).  1293-1295 

Wharfage   dues,   Military  Academy 1297 

Wharfage,  tolls,  and  ferriages;  appropriation  for 1266 

Transports : 

Appropriation  for  purchase  and  repair  of 1296 

Authority  to  transport  merchandise  of  American   production   to   Island  of 

Guam 1285 

Passengers  to  Island  of  Guam 1283 

Discontinuance  of  transport  service  restricted 1291 

Foreign  vessels — • 

Between  ports  of  the  United  States  and  insular  possessions 1288 

Shipment  of  Army  and  Navy  supplies  on  prohibited  ;  exception 1287 

Inspection  of,  by  whom 1286 

Payment   for 1282 

Purchase  of,  under  contract 201 

Restriction  on  use  of 1283 

Sale  of  Meade  and  Crook,  authority  for 1290 

Sale  of,  restricted - 1289 

Taking  of  vessels  as  transports;  payment  for 1282 

Transportation  on — 

Families  of  officers,  etc 1283-1284 

Hawaiian  government;  members  and  employees  of 1283 

Island  of  Guam;  general  passengers  to 1283 

Merchandise  of  American  production 1285 

Marine  Corps  ;  officers,  etc.,  of 1283 

Members  of  Congress 1283 

Navy,    etc ! 1283 

Officers  of  other  departments 1 1283 

Officers  of  the  War  Department 1283 

Officers  traveling  on  official  business 1283 

Philippine  Government;  members  and  employees  of 1283 

Revenue-Cutter  Service;  officers,  etc.,  of 1284 

Young  Men's  Christian  Association 1284 

Use   of,    limited _   1283-1284 

Travel  allowance  (see  also  Mileage)  : 
Civilians  on   official  business — 

Per  diem   allowance 955 

Civilians  attending  training  camps — 

May  be  paid  in  advance  for  return  journey 774 

Rate   of 774 

Civilians  engaged  in  field  work  or  traveling  on  official  business 955 

Commissioned  officers — 

On  discharge,  rate  of 533 

Sea  travel,  authority  for '•?•<> 

Enlisted  men — 

On  discharge,  rate  of 655 

Sea  travel,  authority  for 624 


INDEX.  351 

Travel  allowance — Continued. 

National  Guard —  Paragraph. 

Enlisted  men  of,  on  discharge 724 

Per   diem    allowance 955 

Travel  expense  (see  also  Mileage)  : 

Actual  expenses  in  lieu  of  subsistence 954 

Commissioned  officers — 

Engineers,   purposes  of  instruction 534 

Sea  travel,  actual  expenses  of 504 

Discharged  prisoners  and  insane  patients 1266 

Duty  in  Alaska 535 

Expenses  of  sea  travel 504 

Foreign   armies,   officers  and   men   of;   how   paid 520a 

Military  Academy,  candidates  of 324 

National  Guard— 

Discharged    for   physical    disability 1266 

Officers    of,    on    discharge 724 

Property  and  disbursing  officers 714 

Nurse   Corps,   members  of 368 

Reservists 787 

Sea  travel,  enlisted  men  on  discharge 624 

Officers,  on  discharge 536 

Actual  expenses  of 504 

Statement  to  be  rendered  annually 1252 

Superintendent,  Nurse  Corps,  traveling  under  orders 368 

Treasury  Department    (see  also  Comptroller  of  the  Treasury  and  Auditor  for  the 
War  Department)  : 

Accounting  officers  to  settle   claims  of  officers  and  enlisted  men  for   prop- 
erty lost  or  destroyed 75_78 

Settlement  of  claims  and  accounts  in 73 

Where  appropriations  have  lapsed 74 

Typewriting  machines: 

Exchange  of,  in  part  payment  for  new 180 

Price  to  be  paid 21 

Unexpended  balances  (sec  also  Balances  and  public  moneys)  : 

Accruing  from   lapsed   salaries 16 

Application   of;    restriction 13 

Construction   of   public   buildings,   disposition   of 15 

Disposition   if,   after   two  years 11,  14 

Estimate  of  probable  demands  on,  to  be  reported  to  Congress 10 

How   covered  into   Treasury 11 

Lapsed  salaries,  disposition  of 16 

Of  appropriations,   how  applied 13 

Probable  demands  on,  to  be  included  in  annual  report 10 

Reappropriation  and  diversion  of,  to  be  construed  as  a  new  appropriation 12 

Remaining  on  books  of  Treasury  for  two  years 11 

Restricted  to  current  fiscal  year : 13 

To  be  included  in  surplus-fund  warrant 14 

To  be  reported  annually  to  Congress 13 

Uniform  of  the  Army:  • 

Boy  Scouts — - 

Use  of  specified,   permitted--  1305 

Coast  Guard  not  prohibited  from  wearing 1304 

Discharged  officers  and  enlisted  men  ;  wearing  of,  from  place  of  discharge  to 

home  within  three  months  from  date  of  discharge 1305 

Educational  institutions  furnishing,   where  military   units  are   maintained  ; 

reimbursement   for i 760 

Enlisted  men,  not  to  be  sold,  bartered,  exchanged,  etc 1183,  1184 

Enlisted  Reserve  Corps — 

Same  as  for  enlisted  men  of  Regular  Army 804 

To  be  accounted  for  on  discharge 807 

To  be  issued  in  kind 804 

To  remain  the  property  of  the  United  States 805 

Unserviceable,  to  be  replaced 806 

In  possession  of  persons  not  soldiers,  may  be  seized,  etc 1183, 1184 

Insignia,  wearing  of,  restricted 1307 


352  INDEX. 

Uniform  of  the  Army — Continued. 

Issue  of —  Paragraph. 

Citizens'  Training  Camps,  members  of,  while  attending 771-776 

Educational  institutions;   when 757-759 

National  Guard  (see  also  National  Guard)  — 

Distinctive  mark  required 1306 

Use  of  specified,  permitted 1305 

Officers'  Reserve  Corps  ;  members  of,  discharged,  when  permitted  to  wear 731 

Sale  of — 

Civilians  attending  training  camps,  amount  limited 771 

To  be  prescribed  by  President 1302 

Unauthorized  wearing  of,  unlawful 1303 

Violations,  penalties 1308 

War  veterans  on  ceremonious  occasions,  may  be  worn  by 1305 

Who  is  authorized  to  wear 1305,  1306 

United  States  Courts  (see  also  Court  of  Claims)  : 

Bonds;  jurisdiction  of  actions  and  suits 40 

United  States  Disciplinary  Barracks : 

At  posts,  branches  to  be  established 822 

Commandant ;  authority  of 819 

To  be  detailed  from  the  Army 817 

Confinement  in 815 

Conflicting  laws  repealed 823 

Control,  etc.,  of 713 

Details;  enlisted  men,  for  duty  at 582 

From  commissioned  officers  of  the  Army  at  large,  authorized 817 

Noncommissioned  officers  of  disciplinary  organizations 818 

Employment  of  offenders 819 

Enlisted  men — 

Detailed  as  guards,  pay,  etc _ 599,  600 

For  duty  at,  additional  pay,  etc 582 

Establishment  of 814 

Good  conduct,  remission  of  unexecuted  portion  of  sentence  for 821 

Guards,  enlisted  men  to  serve  as;  pay,  etc 580,581,818 

Instruction  in  agricultural  or  mechanical  arts 824 

Military  training  of  offenders 820 

Offenders,  employment  of 819 

Unexecuted  sentence,  remission  of,  for  good  conduct 821 

United  States  Shipping  Board: 

Creation  of 1292 

Sale,  etc.,  of  unserviceable  vessels 1295 

Transfer  of  certain  Government-owned  vessels  to 1294 

Transports;  authority  to  build,  purchase,  charter,  etc 1293 

Useless  papers: 

Disposition   of:   action   required 1309 

Report   to  be  rendered,   etc 1309 

Vacancies.     (See  Temporary  vacancies.) 
Vehicles.     (See  Public  vehicles.) 
Vessels  (see  also  Transports)  : 

Purchase    of 201 

Veterinarians   (Reserve).     (See  Reserve  Veterinarians.) 
Veterinary  Corps: 

Appointments — 

Assistant  veterinarians 538,  539 

Veterinarians    538 

Of  Cavalry,  Field  Artillery,  and  Quartermaster  Corps__.  542 
Discharge — 

Assistant  veterinarians,  where  found  deficient  at  examination 541 

Pay  and  allowances — 

Assistant  veterinarians 

Reserve  veterinarians 

Veterinarians  of  Cavalry,  Field  Artillery,  and  Quartermaster  Corps—  542 
Vocational  Instruction  for  soldiers: 

Civilian  teachers  may  be  employed-- 

Instruction  upon  educational  lines,  etc 

Rules  and  regulations  governing,  to  be  prescribed  by  President 


INDEX.  353 

Voluntary  ser?ice:  Paragraph. 

Acceptance   of,    prohibited;   exception 900 

Members  of  Officers'  Reserve  Corps,  when  permissible 747 

Volunteers : 

Appointment  of,  in  time  of  war 744 

Details  ;   officers  of  the  Army  for  service  with 745 

Leave  of  absence,  accrued,  where  appointed  from  Regular  Army 494 

Service  in  Alaska  or  without  the  limits  of  the  United  States 493 

Medal  to,  for  service  in  suppressing  Philippine  Insurrection 229 

Pay  and  allowances — 

During   captivity 580 

Officers  and  enlisted  men  of,  same  as  corresponding  grades  of  Regular 

Army    409 

Retired  enlisted  men  assigned  to  duty  with _ ._; —  408 

Retired  officers  assigned  to  duty  with 408 

War  of  the  Rebellion  ;  computation  for  length  of  service 501 

Wagons  (see  also  Public  vehicles)  : 

Purchase  of,  by  advertisement 201 

War  Risk  insurance: 

Applications  for — 

Minimum    and    maximum    amount 868 

Payment   of 869 

Time   limit   for   filing  of 869 

Army  and  Navy  surgeons,  services  of,  to  be  used  by  bureau  of 828 

Beneficiaries,  change  of '_  870 

Bureau  of — 

Establishment  of 826 

Division  of  Military  and  Naval  Insurance,  establishment  of 826 

Director  to  be  appointed 826 

Estimates   of   appropriations   to   be   submitted 830 

Information  and  reports  to  be  furnished  by  departments .      829 

Rules  and  regulations,  methods,  etc 827 

Services  of  Army  and  Navy  surgeons  to  be  used  by . 828 

Calculations,    etc 870 

Claims  for — 

Action  in  event  of  disagreement 873 

Attorneys'  fees,  etc 873 

Marriage  to  be  established —  833 

Contract  conditions,  etc 870 

Exempted  from  claims  for  debts,  etc 870 

Expenses  of  administration,  excess  cost  incident  to  war 871 

False    statements  ;    penalty 835 

Fraudulent  payments,  acceptance  of;  penalty . 836 

Installments,   monthly 870 

Interest,   etc 870 

Not  assignable 870 

Pay  deposit  fund,  establishment  of 832 

Payment,  in  case  of  death  of  beneficiary  named 870 

Premium  rates  to  be  based  on 871 

Premiums — 

Method  of  payment  of '. 872 

To  be  deposited 8G1 

Term  of  insurance 872 

Terms  and  conditions  to  be  determined 870 

To  whom  payable 870 

Warrants  (see  also  Public  moneys)  : 

Balances  of  appropriations  to  be  included  in  surplus  fund  warrant 14 

Certificates  in  lieu  of;  use  of,  authorized  abroad 1055 

Countersigned  by  comptroller 1164 

Division  of  Bookkeeping  and  Warrants,  establishment  of,  duties,  etc 1168 

Enlisted  men,  continuance  of 637 

Expiration  of  time  limit 1162 

Issuance  cf,  time  for 1162 

Upon  presentation  of  outstanding  checks  or  drafts 1080 

Money  appropriated  to  be  drawn  from  Treasury  by 1163 

Outstanding  checks.     (See  Checks.) 

49392—18 23 


354  INDEX. 

Warrants — Continued.  Paragraph. 

Payment  of  claims,   etc 68 

Public  moneys,  drawn  from  Treasury  by 1163 

To   be  accompanied   by   auditor's   certificate   or   requisition    for   advance   of 

money 1164 

To  be  countersigned  by  Comptroller  of  Treasury 1164 

Unpaid  for  three  years  or  more,  vouchers  for 1079 

Witnesses : 

Examination  of,  Attorney  General  to  provide  for 60,  70 

Expenses  of,  how  paid —  410 

Subpoenaed — 

By  whom  subpoena  may  be  issued 57 

Compensation  of,  amount  limited 58 

Examination  of,  how  professional  services  may   be  obtained 60 

Punishment   for   nonappearance 59 

Working  hours.     (See  Hours  of  work.) 


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